Ordinance 002-2008
AITordable Housing Incentive Programs Ordinance - I Mobile Homes v6 CLLAN.DOC 1/2/20084:50:32 PM
ORDINANCE NO. 002 - 2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AN AMENDMENT TO
THE MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADDING SECTION 9.5-266.1 "AFFORDABLE
HOUSING INCENTIVE PROGRAMS"; PROVIDING A
PROGRAM DEALING WITH MOBILE HOMES; PROVIDING
FOR SEVERABILITY AND REPEAL OF INCONSISTENT
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE
SECRETARY OF STATE; PROVIDING EFFECTIVE DATE;
PROVIDING FOR INCORPORATION IN THE MONROE
COUNTY CODE OF ORDINANCES
WHEREAS, the Board of County Commissioners has considered the comments
of the public, recommendations of the Planning Commission, recommendations of staff
and the Workforce Housing Task Force and its counsel, and other matters; and
WHEREAS, on July 18, 2007 the Board of County Commissioners (BOCC)
adopted a temporary moratorium on the acceptance of development applications for the
redevelopment of mobile home parks, commencing retroactively to when a zoning in
progress was initiated by the Bacc on Mayl6, 2007 and which expired six months later
on November 16,2007; and
WHEREAS, the BaCC gave direction to the Workforce Housing Task Force and
the Department of Planning and Environmental Resources to examine the existing land
development regulations regarding the protection of mobile homes from displacement with
market-rate housing; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 projected the number of housing units needed for resident
households of Monroe County by 2002 according to various income groups as 7,093
dwelling units for "Very Low" income households, 5,320 dwelling units for "Low"
Affordable Housing Incentive Programs Ordinance - ] Mobile Homes v6 CLEAN.DOell2/l008 4:50:32 PM
incom,: households, and an additional 5,528 dwelling units needed for "Moderate" income
households (p. 7-24); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 also states that the "public sector can provide for a variety
of densities which can increase the flexibility of the private sector to provide affordable
housing in more situations" (p. 7-33); and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Technical
Document Housing Element 7.0 confirms that "Land prices in Monroe County represent a
higher proportion of total development costs than in any other part of Florida" (p. 7-33);
and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Policy 601.1.12
directs the County to "adopt Land Development Regulations which may include density
bonuses, impact fee waiver programs, and other possible regulations to encourage
atfordable housing"; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.2
directs the County to "adopt programs and policies to encourage housing of various types,
sizes and price ranges to meet the demands of current and future residents"; and
WHEREAS, the Monroe County Year 2010 Comprehensive Plan Objective 601.6
directs the County to "formulate housing implementation programs corresponding to each
of the specific objectives defined within this element, including incentive programs to be
implemented in conjunction with the Permit Allocation System, to promote the
development of affordable and elderly housing"; and
2
AtTordable Housing Incentive Programs Ordinance - I Mobile Homes v6 CLEAN.DOC\i2,'2008 4:50:32 PM
WHEREAS, the Board of County Commissioners makes the following findings of
fact:
I. Monroe County and its municipalities have a mutual interest in preserving and
providing affordable housing countywide.
2. According to Section 7.1.1, A, Type and Tenure, of the Technical Document,
housing units classified as mobile homes and trailers comprise approximately
33% of the total housing stock of the Keys.
3. The implementation of this ordinance may protect this segment of the housing
stock available for the critical workforce.
4. The amendments proposed herein do not prohibit replacement of existing
mobile homes and preservation of permitted mobile home uses consistent with
existing safety and building code regulations.
5. The amendments set forth herein may facilitate and encourage re-development
that includes a range of housing opportunities through a variety of residential
types, increase affordable housing opportunities within the County, and
stimulate the provision and preservation of affordable housing within the
County.
6. There is limited land area suitable for residential development remaining in the
County.
7. The unmitigated re-development of market-rate housing and conversion from
existing mobile home use would exacerbate the workforce housing crisis for in
Monroe County by consuming the limited remaining developable lands in the
Keys and the limited number of development permits available.
8. There is a current unmet need of about 7,317 affordable units in the County.
9. These amendments to the land development regulations specifically further
Section 163.3202(3), F.S., by implementing innovative land development
regulation provisions such as transfer of development rights, incentive and
inclusionary housing.
10. The amendments to the land development regulations are necessary to help
ensure that, despite the limited availability of developable lands, the County's
existing and future housing stock includes adequate affordable housing
opportunities.
II. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives, and policies of the Year 2010
Comprehensive Plan.
3
Atlordable Housing Incentive Programs Ordinance - I Mobile Homes vo C1J-:':AN.DOCI/2/2008 4:50:32 PM
WHEREAS, on August 21, 2007 the Development Review Committee convened
to revil:w the proposed text amendment and duly considered revisions and modifications
suggeslted by staff and the public to clarify language and terms; and
WHEREAS, on September 26, 2007 the Monroe County Planning Commission
heard this proposed text amendment, and in due consideration of publ ic testimony and
recommendation by staff, continued the item to the October 10, 2007 meeting in
Marathon with direction to staff to make necessary revisions prior to that meeting. The
proposed text amendment was presented to and discussed at the Workforce Housing Task
Force meeting held on October 9, 2007, with comments and recommendations presented
to and considered by the Planning Commission at its October 10, 2007 meeting. The
Planning Commission continued the item with instructions for additional changes for a
final Planning Commission hearing to be held in Key Largo on October 24, 2007, where
yet more revisions were directed by the Planning Commission; and
WHEREAS, on December 19, 2007 the BOCC held a public hearing on the
propos(:d ordinance and in due consideration of public comments and recommendations,
continued the hearing until its January 16, 2007 regular meeting with directions for
several changes to the ordinance, further described in a consultant's report, dated January
2, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING: That
the preceding findings support its decision to approve the amendments to the Land
Development Regulations of the Monroe County Code as provided herein:
Section 1.
Section 9.5-266.1 is hereby created as follows:
4
AtTordabi<: Housing Incentive Programs Ordinance - I Mobile Homes v6 CLEAN.DOCI/2./2008 4:50:32 PM
SECTION 9.5-266.1 Affordable Housing Incentive Programs
I) Purpose and Intent: The intent of this section is to set forth the programs to help
inc,entivize affordable housing development within Monroe County.
2) Program I: Transfer of ROGO Exemptions from Mobile Home Parks
a) Purpose and Intent: The intent of this program is to establish an appropriate
incentive for Mobile Home Park owners to maintain mobile home park sites,
mobile home developments in URM and URM-L districts, and contiguous parcels
under common ownership containing mobile homes where any of the foregoing is
presently serving as a primary source of affordable housing in Monroe County (any
of the foregoing being an "Eligible Sender Site") by providing an alternative
development strategy to straightforward market-rate redevelopment. This program
is intended to allow the transfer of market rate ROGO exemptions associated with
lawfully established dwelling units now existing at an Eligible Sender Site to be
transferred to another site or sites in exchange for maintaining an equal or greater
number of deed-restricted affordable dwelling units within Monroe County. This
program seeks to address the housing needs of the Florida Keys as a regional
obligation.
This program provides an Eligible Sender Site owner the opportunity to transfer
market rate ROGO exemptions currently associated with existing and lawfully
established dwelling units from Eligible Sender Sites to receiver site(s) within
Monroe County, provided that it involves the pooling of affordable dwelling unit
rights for redevelopment at donated, purchased or otherwise appropriately deed-
restricted sites, and transfer of ROGO exemptions or allocations for the purpose
of implementing and facilitating one or more affordable housing projects. The
provisions of this section shall control over all contrary provisions of this chapter
related to the transferability of ROGO exemptions.
b) Procedure:
i) This transfer shall require an approved Development Agreement.
ii) Minor Conditional Use approval is required to complete the transfer.
iii) A Development Agreement shall not be required for an Eligible Sender Site
containing 10 or fewer mobile homes. For the purposes of this exception,
property owners shall not be permitted to subdivide by deed, split ownership
or otherwise divide larger contiguous parcels containing more than 10 mobile
homes.
c) Development Agreement Requirements:
5
Affordable Housing Incentive Programs Ordinance - 1 Mobile Homes v6 CLEAN.DOCI/2i2008 4:50:32 PM
i) Sender Site Restrictions:
(1) ROGO exemptions transferred under this program may be transferred on a
I for I basis where the ROGO exemptions are to be transferred to single-
family residential lots or parcels within the same ROGO planning subarea.
However, where transfers are to be made to working waterfronts (as
defined by Florida Statutes), or to multi-family projects in non-IS districts,
the transfers shall result in no fewer than two (2) deed-restricted
affordable or workforce housing units remaining on anO Eligible Sender
Site(s) for each market rate ROGO exemption transferred. This section
expresses the County's preference for transfer of ROGO exemptions to
single-family lots/parcels. The following examples are set forth only to
show some potential transfer scenarios. A given potential scenario may
depend upon availability of affordable ROGO allocations provided by the
County.
Example I: Transfer on a I for I basis.
Existing 100-unit mobile home park. A Development
Agreement with the County may, if approved, allow the
owner to transfer up to 100 ROGO-exemptions to single-
family lots/parcels as long as an equivalent number of
deed-restricted affordable dwelling units remain or are
created on one or more Eligible Sender Site(s)
Example 2: Transfer on a I for 2 basis.
The same existing 100-unit mobile home park. A
Development Agreement with the County may, if
approved, allow the owner to transfer up to 50 ROGO-
exemptions to waterfront or multi-family projects in non-
IS districts, as long as at least twice as many deed-
restricted affordable dwelling units remain or are created
on one or more Eligible Sender Site(s).
Example 3: Transfer on both I for I and I for 2 basis.
The same existing 100-unit mobile home park. A
development agreement with the County may, if
approved, allow the owner to transfer up to 25 ROGO
exemptions to a waterfront Mixed Use parcel, and 50
ROGO-exemptions to single-family lots/parcels, as long
as 100 deed-restricted affordable dwelling units remain or
are created on one or more Eligible Sender Site(s).
6
Atlordable Housing Incentive Programs Ordinance - I Mobile Ilomes v6 CLEAN.DOC 1/2,/2008 4:50:32 PM
(2) The Eligible Sender Site property(ies) shall be donated or sold to Monroe
County, or otherwise appropriately deed-restricted for long-term
affordability. Prior to acceptance of a donated or purchased parcel, all
units to be maintained on site shall pass a life safety inspection conducted
in a manner prescribed by the Monroe County Building Department.
Monroe County shall then lease the sender site property to a party who
will serve as lessee and sub-lessor of the Eligible Sender Site(s).
(3) The number of transferred ROGO exemptions shall not exceed the number
of restricted affordable dwelling units maintained at the Eligible Sender
Sites.
(4) The resulting development or redevelopment of affordable housing
pursuant to the governing development agreement will be targeted to serve
as closely as possible the following household income categories: 25%
very low income households, 25% low income households, 25% median
income households, and 25% moderate income households (or as
otherwise approved by the BOCC).
(5) Lot rents and/or sales prices for resulting deed-restricted dwelling units
shall be established in accordance with restrictions outlined in Florida
Statutes and/or the Monroe County Code.
(6) All units designated by the applicable development agreement to remain
as deed restricted affordable housing at the donated, purchased or
appropriately deed-restricted site(s) shall comply with hurricane standards
established by the Florida Building Code and habitability standards
established under the Florida Landlord and Tenant Act. Compliance shall
be accomplished in a manner and within a timeframe set forth in the
Development Agreement or, if applicable, in the relevant Minor
Conditional Use.
(7) A Development Agreement proposed under this program shall not utilize
more than 50% of the existing affordable housing allocations then
available to Monroe County, unless otherwise approved by the BOCC.
(8) All of the redeveloped or preserved affordable housing units, whether
redeveloped or retained at the original sender site(s), or at alternate
alternate or additional locations, shall remain in the same planning sub-
district as the original sender site(s}.
d) Minor Conditional Use Requirements:
i) Receiver Site Restrictions:
7
Aflordabh: Housing Incentive Programs Ordinance - I Mobile Ilomes v6 CLEAN.DOC 1/2/20084:50:32 PM
(1) The environmental sensitivity of the receiver site shall not be greater than
that of the sender site.
(2) A property owner cannot receive a certificate of occupancy for any unit
constructed as a result of a transferred ROGO-exemption until all
corresponding Eligible Sender Site units are completed and deed-restricted
as affordable dwelling units.
(3) All or any portion of the redeveloped or preserved affordable housing
units may be redeveloped or retained at one or more alternate or additional
locations donated or sold to Monroe County, identified in the
Development Agreement and otherwise compliant with the remainder of
this section, including but not limited to the requirements set forth in
subsection 2.c)i)(2).
(4) Transferred ROGO-exemptions shall remain in the same ROGO planning
subarea.
e) Nothing herein shall preclude the County's replacement of sender site dwelling
units with affordable allocations and recovery and transfer of market-rate
ROGO-exemptionsfrom the sender sites for use in administrative relief programs
or other like purposes.
Section 3. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance
shall b,~ adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullifY the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be: rendered.
Section 4. Conflicting Provisions
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state or County law, rule, code or regulation, the
more restrictive shall apply.
Section 5. Transmittal
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes and as required by F.S. 380.05(6)
and (II).
Section 6. Filing
8
Affordable I-lousing Incentive Programs Ordinance - I Mobile Homes v6 CIJ::AN.DOCI/2/2008 4:50:32 PM
This ordinance shall be filed in the Office of the Secretary of State of Florida but shall
not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Sectiorl1. Effective Date; Incorporation into Code of Ordinances.
This ordinance shall become effective as provided by law and stated above and shall be
incorporated into the Monroe County Code of Ordinances at such time. Where
Comprehensive Plan amendments may be required in order for any part of this ordinance
to be deemed consistent with the Comprehensive Plan, the effective date of such part
shall be as of the effective date of the required Comprehensive Plan amendment and as
otherwise required by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 16th day of January, 2008.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Mario DiGennaro
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner Dixie Spehar
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY OMMISSIONERS
OF MONROE CO , FLORIDA
~;[:>t:~:.~.~.~~":~:\
. "; /.~<~ ;~'i) /;",'" ~:~
J ~~ t L' ' 0;->/ 't
i , II: ~ n-..", " ~ " , ,
l" "',.< i --",
. I.'i,.'to. . ~ 51--i
~. f(. <;~J ',/
\ I ,~~,~"":;: I
\ ioJP~_ ""' .r<~.;c'l
'%.~~ ~ ANNY L. KOLHAGE, CLERK
-.,..~rt../ ~
_I. ."---"f" N
'~'''''Il--1~ /~
Deputy CIerI(
BY:
onny" McCoy
7-
o t:J
..... :r...
::On:?:
0_,..;_
'--ql ---:'
. ;1:: '
n
("~J c>
C:,.~.
APPROVED AS TO FORM:
Jerr~ c.OLeVVlilV\..
Consulting Attorney
-~._;c;
:;-''--.:-.J
"
r
l>
9
....,
=
=
c:o
...,
1""1
co
I
'-'1
....,
==
~: '.1
J
'I
'J
::)
ca
N
.&"'
BRANCH OFFICE:
MARA THON SUB COURTHOUSE
3117 OVERSEAS HIGHWA Y
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
F^x (305) 289-1745
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HrGHW A Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 3304:0
TEL. (305) 294-4641
FAX (305) 295-3663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.c1erk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
February 1,2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160 000038412471
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 001-2008 adopting amendments to the text of the following Sections of
the Monroe County Code; amending Section 9.5-4 by adding a definition for Seasonal
Residential Unit (S-2.1), including in the definition of Transient Residential Unit (T-4) Seasonal
Residential Unit and adding a definition of Transitional Recreational Vehicle Unit (T-4.1);
amending Sec. 9.5-215 by adding the use of Seasonal Residential Unit to the purpose of the RV
Land Use District; amending Section 9.5-244 by adding the Seasonal Residential Unit as a Minor
Conditional Use in the RV Land Use District; providing General Requirements for approval of
Seasonal Units within the R V District; providing for codification, severability and repeal of
inconsistent provisions; providing for forwarding of this Ordinance to the Department of
Community Affairs and the Secretary of State; providing for an effective date.
Ordinance No. 002-2008 adopting an amendment to the Monroe County Land
Development Regulations adding Section 9.5-266.1 "Affordable Housing Incentive Programs";
Providing a program dealing with mobile homes; Providing for severability and repeal of
inconsistent provisions; providing for transmittal to the Department of Community Affairs and
the Secretary of State; providing effective date; providing for incorporation in the Monroe
County Code of Ordinance.
Ordinance No. 004-2008 amending Sections 6-20 concerning Building Permits and
Inspections; providing for commencement of work; deleting the terms "red" and "black"
inspections and providing for approved inspections; amending Section 6-20(f) to provide time
periods for demolition permits; providing for severability; providing for repeal of inconsistent
provisions; providing for inclusion in the Monroe County Code; providing for an effective date.
Ordinance No. 005-2008 deleting outdated and obsolete provisions of Chapter 6 of the
Monroe County Code Section 6-l7( d) regarding permits for building activities resulting from
Hurricane Wilma; providing for severability; providing for the repeal of inconsistent provisions;
providing for inclusion in the Monroe County Code; providing for an effective date.
Thesf: Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on January 16, 2008. Please file for record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Danny 1. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.c.
cc: Via E-Mail to the following:
Growth Management
County Attorney
BOCC
File
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print YOLtr name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on thEl front if space permits.
1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
TallahClssee, Florida 32399-0250
..s-
7005 1160 0000 3841 2471
102595-02-M-1540
2. Article Number
(Transfer from service label)
PS Form 3811 , February 2004
COMPLETE THIS SECTION ON DELIVERY
A. Signature
X
B. R~f!.P1f'"~r81 A
o Agent
o Addressee
.~. Date of Delivery
D. Is delivery ad~ <1i{f~nI,tR\Ibitem 1? 0 Ves
IfYES.entf~e.yddd~]OW: 0 No
CLEARED
3. Sl)Wice Type
II Certifled Mall
o RegIstered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
OC.O.O.
4. Restricted Delivery? (Extra Fee)
o Ves
Domestic Return Receipt
CHARLIE CREST
Governor
!l'~WE~
rLORIDA DEPARTMENT Of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
February 7,2008
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
3: .....
=
a <::l = ";1
:?:: .::~ ...
:::0(""):::: .."
(:) ~,. /"rJ
rrr r- ::~ CI>
r;.:'> ,
~?(;
n.... ;''''-'''
~I,.-~. , ;bo
.',-, ::l1::
. . ,~. ,. -
~'j
;- (;~~" "
J;.. r-;l W
"',
W
Attention: Isabel C DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated February 1, 2008 and certified copies of Monroe County Ordinance Nos. 001-2008, 002-
2008,004-2008, and 005-2008, which were filed in this office on February 6, 2008.
Sincerely,
~C2-w~
Liz Cloud
Program Administrator
LC/jru
DIRECTOR'S OFFICE
RA Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TOO: 850.922.4085 . http://dlis.dos.state.f1.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 '. FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
7005 1160 0000 3841 ~471
~! ~ ~i ~ =l
" : /lo: - g
~i 11>:;:' ~ ~
~'~~' l
"! ~
:Il:!:,.<
~! 0 f> 3 g;
~ien' -....
ll>:O j;) Dll<
ma: tD
(1):--<<::
(():::T .
.CD i III tD
,~ &
"TI:o .
-:::::J
0:0 _.
~, c5
-,'1::
o..;co
$1J:::T
",ien
f\):'"
~CD
<Oleo
<.C:-
0:
0:
Nt
01:
a!
'~"'~c.~
i i 001/00'Z./00'/1.
m",
o.
is.
3[
o
00
-.
l~
c""
!ii'
m
it
.'"
~~
~3
3'" &'
"'~ il;
.g! &
[0' :l'
-0 .
r:)
t": ~=?)'-:o,.''! --.
~ ':.~rr~,t *' ~~-' .~
. _, <'- (l);, c-
c". J :g.~ ' '-m
i! i !Jl,lll ~: ~HI
Q 2 ou . - u '~~:i .::~
~ OJ.s UJ~ ~~-~i~ l~ .0(l.3::=C
._ t': '0 0$ , m::J ::J'- ... J 1),;1- C UJ
~ ... III ~.~ ~r!j g~ <ll ,] '=::_:1l ~.~
(/) .<::g c:~ f:uiga:1ij .o~ .~...!!:! ~Q
19 --j'O 0.. .g.',,! Cl:lCi.O >-'~ oW~ =--
Bill 1 i;'ooO ~~~.~~~ ~.~'... !::t1ij-ge
Q)o 1iCl:l "9.lJ;)(/)'-Q)(J)->~._rTjU ...
'..9-_~ (:... ~~ O:-a1ac:o..:'i::'~Q)~EC: ~Q
'" :5 Q CJ ii t::-- cOO m.:::;' u; tI:I =-c .
en ~;. 3 ~ ~-: ~l~~~ ~~ ~8.g '~';'f
Q) ~ .c ~_..!!:! IJ.J CD a:: .9 c:......~ u ta't:. "-2 (j Q) ~ a; 1.10.
-= 0 a :..J'CU >B tI:I E-;::-~ ,9- cD'"O-l!! w....-O UJ.!:'a
os: ~ ~ ..02 ~ 8~' .~co ~8 m~.g ()(l)-o:c"ii =
Cl -i::'~ 0 ~~c:C').!Q~ :-ct;~:E~-'a.
~... as !II ~;O' r.::~!i ;ij.S~~E :!~~ ~o~ ~.sc,
__9-~ ~ c:::E.!!? zm: c.;goE.3 ._2::n- o<tjc: ..t'I:IUJ!:
.-I1l"Em- A'CQ:o.ou. 0 '-<1J:I~a_ 0-
",~<llUe'jij~a:"i5.:t5~ooffi;; iLtIl (ijo.g.:.:~s
:E"...:2o~:2::2:::JriiUF2:-o_.tI:IQ) EQ)CIlzCII"CI
-=g>Q)U _UUU).!! t'lI~...u~"O i:'~' t.j-5.- .:::eCOID
.!!~ .2- 8 lii'* ~ ~iij c: m-9-t'ii:al! -tI:I Q)' o~~ a ....a; Cl'J
_ c: ....t::t:: ::ItI:I><]).::I5 ...OQ.tI:I'(i)l:Cc.
.-E::II! "'Cl) Q) Ot;; o~gQ)-02' C5:g-g tI:I~O c,...!
'5< < < &,0 () z> u.ua:2t1:1~ U.<tICD ~<.)~ a..s:g
""...,g.... .. ~'=C'II
c'
,
c
-~
, ~
. .
"
c. 0
.' ~
;,j 0
~
DCA Final Order No.: DCA08-OR-110
N
0
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS _ CD
C�-`':Z
In re: MONROE COUNTY LAND -� p
DEVELOPMENT REGULATIONS =r, 4? 3
ADOPTED BY MONROE COUNTY r''
ORDINANCE NO. 002-2008
FINAL ORDER
The Department of Community Affairs(the "Department")hereby issues its Final Order,
pursuant to §§ 380.05(6),Fla. Stat., and § 380.0552(9),Fla. Stat. (2007), approving a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local government within the Florida Keys Area.
2. On February 13, 2008 the Department received for review Monroe County
Ordinance No. 002-2008 ("Ord. 002-2008"), adopted by Monroe County on January 16,2008.
3. The purpose of the Ordinance is to adopt amendments to the text of the Monroe
County Code to provide incentives to owners of mobile home parks to maintain the property as
affordable housing.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. § 380.05(6),Fla. Stat., and § 380.0552(9),Fla. Stat. (2007).
5. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. § 380.0552,Fla. Stat. (2007) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
1
' I 1
DCA Final Order No.: DCA08-OR-110
6. "Land development regulations"include local zoning, subdivision,building, and
other regulations controlling the development of land. § 380.031(8),Fla. Stat. (2007). The
regulations adopted by Ord. 002-2008 are land development regulations.
7. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development(the
"Principles") as set forth in § 380.0552(7),Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998),aff'd, 740 So. 2d 1209(Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 002-2008 allows for the transfer of market rate Rate of Growth Ordinance
(ROGO) exempt allocations off-site to receiving properties in exchange for maintaining an equal
or greater number of deed restricted affordable dwelling units within Monroe County with the
sender site either donated or sold to Monroe County, or appropriately deed-restricted. Monroe
County would assign affordable housing ROGO allocations from the ROGO pool to the mobile
home park in exchange for the underlying land or appropriate long-term deed-restriction.
9. Ord. 002-2008 fails to properly address the transfer of ROGO exempt units and
does not limit the receiver sites to Tier III or IIIA properties identified in Section 9.5-120.3, Land
Development Regulations, to ensure that no clearing of habitat is required. Ord. 002-2008 fails
limit the receiver sites of the ROGO exempt units to areas not located within a Velocity Zone.
Ord 002-2008 is inconsistent with the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(b) To protect shoreline and marine resources, including.
mangroves, coral reef formations, seagrass beds, wetlands, fish
and wildlife, and their habitat.
2
DCA Final Order No.: DCA08-OR-110
(c) To protect upland resources,tropical biological communities,
freshwater wetlands, native tropical vegetation(for example,
hardwood hammocks and pinelands), dune ridges and beaches,
wildlife and their habitat.
(i) To limit the adverse impacts of public investments on the
environmental resources of the Florida Keys,protect the public
health, safety, and welfare of the citizens of the Florida Keys
and maintain the Florida Keys as a unique Florida resource.
10. Ord. 002-2008 is inconsistent with the following provisions of the 2010 Monroe
County Comprehensive Plan:
Policy 101.5.8
Policy 101.5.8 states Monroe County may develop a program, called Transfer of ROGO
Exemption(TRE),that would allow for the transfer off-site of dwelling units,hotel rooms,
campground/recreational vehicle spaces and/or mobile homes to another site in the same
ROGO sub-area,provided that they are lawfully existing and can be accounted for in the
County's hurricane evacuation model. In addition, the receiver site shall be located within a
Tier III area outside a designated Special Protection Area and for a receiver site on Big Pine
Key and No Name Key;the sending site shall also be located on one of those two islands.
Policy 101.14.1
Monroe County shall discourage developments proposed within the Coastal High Hazard
Area(CHHA).
Objective 102.8
Monroe County shall take actions to discourage private development in areas designated as
units of the Coastal Barrier Resources System.
Policy 102.8.1
Monroe County shall discourage developments which are proposed in units of Coastal
Barrier Resources System (CBRS)
11. Ord. 002-2008 is inconsistent with Policy 205.2.2 because it fails to restrict
transfer of development to Tier III in order to discourage the clearing of habitat.
Policy 205.2.2
Monroe County shall discourage developments in Tier I and within tropical hardwood
hammock or pinelands of one acre or more in area to protect areas of native upland
vegetation.
12. Ord. 002-2008 is inconsistent with the Principles for Guiding Development of the
3
1f
DCA Final Order No.: DCA08-OR-110
Florida Keys Area of Critical State Concern and Monroe County's Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Ordinance No. 002-2008 is found to be
inconsistent with the Principles for Guiding Development of the Florida Keys Area of Critical
State Concern, and is found to be inconsistent with the Monroe County Comprehensive Plan, and
. is hereby REJECTED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
eQw(_ _‘‘ ( ((q
CHARLES GAU HIER, AICP
Director,Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee,Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569,FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2)FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
4
DCA Final Order No.: DCA08-OR-110
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE,AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS'120.569 AND
120.57(1),FLORIDA STATUTES, AND CHAPTER 28-106,PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
•
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING,YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF.THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL,2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2),FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED,THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2),FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
5
DCA Final Order No.: DCA08-OR-110
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and correct copies have been furnished
to the persons listed below,by the method indicated this/iW-day of April, 2008.
aula Ford,Agency Clerk
By U.S. Mail:
Honorable Charles "Sonny"McCoy
Mayor of Monroe County •
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West,Florida 33050
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West,Florida 33040
Andrew Trivette
Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon,Florida 33050
By Hand Delivery or Interagency Mail:
Craig Diamond,Bureau of State Planning,DCA Tallahassee
Rebecca Jetton,ACSC Administrator,DCA Tallahassee
Richard E. Shine,Assistant General Counsel,DCA Tallahassee
•
DCA Final Order No.: DCA08-OR-110A
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
N
,
In re: MONROE COUNTY LAND 7., z l-,
DEVELOPMENT REGULATIONS `—'
72.0
ADOPTED BY MONROE COUNTY r
ORDINANCE NO. 002-2008 c :;.;,
7.<c Y,.
AMENDED FINAL ORDER `l N C:1 •
The Department of Community Affairs (the"Department") hereby issues its Final Order,
pursuant to §§ 380.05(6),Fla. Stat., and § 380.0552(9),Fla. Stat. (2007), rejecting a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local government within the Florida Keys Area.
2. On February 13, 2008 the Department received for review Monroe County
Ordinance No. 002-2008 ("Ord. 002-2008"), adopted by Monroe County on January 16, 2008.
3. The purpose of the Ordinance is to adopt amendments to the text of the Monroe
County Code to provide incentives to owners of mobile home parks to maintain the property as
affordable housing.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations.that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. § 380.05(6), Fla. Stat., and § 380.0552(9),Fla. Stat. (2007).
5. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. § 380.0552, Fla. Stat. (2007) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
1
DCA Final Order No.: DCA08-OR-110A
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8),Fla. Stat. (2007). The
regulations adopted by Ord. 002-2008 are land development regulations.
7. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development(the
"Principles") as set forth in § 380.0552(7),Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions. •
8. Ord. 002-2008 allows for the transfer of market rate Rate of Growth Ordinance
(ROGO) exempt allocations off-site to receiving properties in exchange for maintaining an equal
or greater number of deed restricted affordable dwelling units within Monroe County with the
sender site either donated or sold to Monroe County, or appropriately deed-restricted. Monroe
County would assign affordable housing ROGO allocations from the ROGO pool to the mobile
home park in exchange for the underlying land or appropriate long-term deed-restriction.
9. Ord. 002-2008 fails to properly address the transfer of ROGO exempt units and
does not limit the receiver sites to Tier III or IIIA properties identified in Section 9.5-120.3, Land
Development Regulations, to ensure that no clearing of habitat is required. Ord. 002-2008 fails
limit the receiver sites of the ROGO exempt units to areas not located within a Velocity Zone.
Ord 002-2008 is inconsistent with the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
•
(b) To protect shoreline and marine resources, including
mangroves, coral reef formations, seagrass beds, wetlands, fish
and wildlife, and their habitat.
2
DCA Final Order No.: DCA08-OR-110A
(c) To protect upland resources,tropical biological communities,
freshwater wetlands, native tropical vegetation(for example,
hardwood hammocks and pinelands), dune ridges and beaches,
wildlife and their habitat.
(i) To limit the adverse impacts of public investments on the
environmental resources of the Florida Keys,protect the public
health, safety, and welfare of the citizens of the Florida Keys
and maintain the Florida Keys as a unique Florida resource.
10. Ord. 002-2008 is inconsistent with the following provisions of the 2010 Monroe
County Comprehensive Plan:
Policy 101.5.8
Policy 101.5.8 states Monroe County may develop a program, called Transfer of ROGO
• Exemption(TRE), that would allow for the transfer off-site of dwelling units, hotel rooms,
campground/recreational vehicle spaces and/or mobile homes to another site in the same
ROGO sub-area,provided that they are lawfully existing and can be accounted for in the
County's hurricane evacuation model. In addition,the receiver site shall be located within a
Tier III area outside a designated Special Protection Area and for a receiver site on Big Pine
Key and No Name Key; the sending site shall also be located on one of those two islands.
Policy 101.14.1
Monroe County shall discourage developments proposed within the Coastal High Hazard
Area(CHHA).
Objective 102.8
Monroe County shall take actions to discourage private development in areas designated as
units of the Coastal Barrier Resources System.
Policy 102.8.1
Monroe County shall discourage developments which are proposed in units of Coastal
Barrier Resources System (CBRS)
11. Ord. 002-2008 is inconsistent with Policy 205.2.2 because it fails to restrict
transfer of development to Tier III in order to discourage the clearing of habitat.
Policy 205.2.2
Monroe County shall discourage developments in Tier I and within tropical hardwood
hammock or pinelands of one acre or more in area to protect areas of native upland
vegetation.
12. Ord. 002-2008 is inconsistent with the Principles for Guiding Development of the
3
DCA Final Order No.: DCA08-OR-110A
Florida Keys Area of Critical State Concern and Monroe County=s Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Ordinance No. 002-2008 is found to be
inconsistent with the Principles for Guiding Development of the Florida Keys Area of Critical
State Concern, and is found to be inconsistent with the Monroe County Comprehensive Plan, and
is hereby REJECTED.
This Order becomes effective 21 days after publication-in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
CHA , AIC
Director, Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2)FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
4
DCA Final Order No.: DCA08-OR-110A
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL -
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
5
•
1
DCA Final Order No.: DCA08-OR-110A
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and ect copies have been furnished
to the persons listed below by the method indicated this day of April, 2008.
aula Ford, A ncy Clerk
By U.S. Mail:
Honorable Charles "Sonny"McCoy
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West, Florida 33050
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Andrew Trivette
Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
6
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 21, 2008
TO:
Peter Horton, Director
Airports
Pamela G. Hanc~
Deputy Clerk
FROM:
At the April 16, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement between Monroe County and the Department
of Homeland Security, Transportation Security Administration, for installation of two (2) Reveal
Imaging Technologies CT-80 Explosive Detection Systems (EDS), in the new Terminal Building
at the Key West International Airport.
Enclosed are three duplicate originals of the above-mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return the fully executed "Monroe County
Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon as
possible. Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance w/o document
File ./