Ordinance 024-2002
ORDINANCE NO, 024 -2002
AN ORDINANCE AMENDING SECTION 9,5-285 (APPLICABILITY
OF REQUIRED YARDS TO BUFFER-YARDS), MONROE
COUNTY CODE TO PERMIT A PERCENTAGE OF THE
REQUIRED DRY LOT SETBACKS TO CO NT AIN CERTAIN
ACCESSORY USES AND STRUCTURES; PROVIDING FOR THE
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
THE INCORPORATION INTO THE MONROE COUNTY CODE;
DIRECTING THE CLERK OF THE BOARD TO FORWARD A
CERTIFIED COpy OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, Section 9.5-511 (d)(5)b of the Monroe County Code identifies
six criteria for amending the land development regulations of which at least one
must be met; and
WHEREAS, the Board of County Commissioners recently adopted revised
Environmental Standards in the County's Land Development Regulations; and
WHEREAS, Section 9.5-349 will permit a percentage of the required
shoreline setbacks to contain certain accessory uses and structures; and
WHEREAS, the principal structure is still required to be constructed
outside the setback; and
WHEREAS, presently, the rear yard setback requirements on interior or
dry residential lots do not permit any uses or accessory structures to be
constructed in the setback area; and
WHEREAS, owners of dry lots have expressed the desire to have a
similar ability to utilize their rear yards; and
WHEREAS, there is a need on dry lots to provide homeowners an
increased opportunity to utilize their back yards while maintaining a degree of
privacy for the neighbor; and
WHEREAS, the proposed text amendment is consistent with the Monroe
County Year 2010 Comprehensive Plan; and
Page 1 of 4
H:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\BOCC ORD .doc
WHEREAS, on July 2, 2002, the Monroe County Development Review
Committee held a duly advertised public hearing on this proposed amendment;
and
WHEREAS, on July 23, 2002, the Monroe County Planning Commission
held a duly advertised public hearing on this proposed amendment and on
August 7,2002, the Commission held a second hearing on the amendment; and
WHEREAS, the proposed change is consistent with Section 9.5-511 (d)(5)
b. (iv) New Issues and (v) Recognition of a need for additional detail or
comprehensiveness; and
WHEREAS, The proposed text amendment is consistent with the Monroe
County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Board of County Commissioners
examined the proposed amendment to the Monroe County Code submitted by
the Monroe County Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners held the
two required public hearings on August 21, 2002 and September 18, 2002; and
WHEREAS, the Monroe County Board of County Commissioners hereby
supports the decision of the Monroe County Planning Commission and the staff
of the Monroe County Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be approved,
adopted and transmitted to the state land-planning agency for approval.
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1, Chapter 9.5, Section 285 [Applicability of Required Yards To Buffer-
yards], Monroe County Code, is hereby amended as follows:
Sec, 9,5-285, Applicability of required yards,
@l When a buffer-yard is required under the provisions of division 11 of this
article, compliance with the buffer-yards standards shall relieve the necessity of
Page 2 of 4
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complying with the yard provisions set forth in section 9.5-281 if such buffer-yard
is greater than the applicable yard requirements.
(Ord. No. 33-1986, 9 9-405)
(b) All development shall be setback from shorelines as required in Sec. 9.5-
349. Compliance with the shoreline setback shall relieve the necessity of
complying with the yard provisions set forth in Section 9.5-281.
(c) Rear yard requirements for residential dwellings that are not on the
shoreline (dry lots) shall be as follows:
(1 ) Accessory structures, as defined in Section 9.5-4(A-2), not
exceeding eighteen (18) inches in height, are permitted within the
required rear yard setback.
(2) Accessory structures to a maximum of twelve (12) feet in height
shall be setback a minimum of ten (10) feet from the rear property
line.
(3) No use within the rear yard shall extend into the required
side yard setbacks,
(4) In no event shall the total combined area of all structures
occupy more than 600/0 of the required rear yard setbacks.
Section 2, If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such validity.
Section 3, All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4, The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of the County of Monroe,
Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering
system of the Code.
Page 3 of 4
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Section 5, 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 Administrative
Commission approving the ordinance.
Section 6, This ordinance shall be transmitted by the Planning Department to
the Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 18th day of September ,
A.D., 2002.
Mayor Charles "Sonny" McCoy yes
Mayor Pro Tem Dixie Spehar yes
Commissioner Murray Nelson yes
Commissioner George Neugent yes
Commissioner Bert Jimenez yes
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Page 4 of 4
G:\Documents and Settings\kkc\Local Settings\Temporary Internet Files\OLK6\Rear Yard Setback SOGG
ORD.doc
CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREE1; SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 KEY WES1; FLORIDA 33040 PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 TEL. (305) 292-3550 TEL. (305) 852-7145
FAX (305) 289-1745 FAX (305) 295-3663 FAX (305) 852-7146
October 4, 2002
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7099 3400000591185773
Dear Mrs. Cloud,
Enclosed please find a certified copy of Ordinance No. 02.4-2002 amending Section 9.5-285
(applicability of required yards to buffer-yards), Monroe County Code to permit a percentage of the
required dry lot setbacks to contain certain accessory uses and structures; providing for the
severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the
incorporation into the Monroe County Code; directing the Clerk of the Board to forward a certified
copy of this Ordinance to the Florida Department of Community Affairs; and providing for an
effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on September 18, 2002. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: G;.~
Pamela G. ancock, Deputy Clerk
cc: County Administrator w/o document Growth Management
County Attorney BOCC
File ./
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I PS Form 3800,July 1999 See Reverse for Instruction
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY •
• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery,.
item 41 Restricted,Delivery is desired.
IIPrint your name"and address on the reverse . C. Signatuigj�I�lE PEIVTOIV
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Mrs. Liz Cloud
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107 W Gaines Street, Suite L43 Tallahassee! FL 32399-0250 3. Service Type
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREE1; SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 KEY WES1; FLORIDA 33040 PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 TEL. (305) 292-3550 TEL. (305) 852-7145
FAX (305) 289-1745 FAX (305) 295-3663 FAJ<(305)852-7146
MEMORANDUM
DATE: October 7, 2002
TO: Growth Management
County Attorney
BOCC
FROM: Pamela G. Hanc~t
Deputy Clerk
On October 4, 2002, you were sent a copy of the letter and Ordinance No. 023-2002,
amending Section 9.5-285 applicability of required yards to buffer-yards, to Bureau of
Administrative Code & Laws. This Ordinance should have read Ordinance No. 024-2002. please
make the necessary adjustment.
Should you have any questions please feel free to contact our office.
cc: County Administrator
FileV'
-.--..--.-.....-. -- -- --..._.._--------~._._-_._._._--
DIVISIONS OF FLORIDA DEPARTMENT OF STATE MEMBER OF THE FLORIDA CABINET
Office of the Secretary State Board of Education
Office of International Relations Trustees of the Internallmprovelrent Trust Fund
Division of Elections Administration Commission
Division of Corporations Horida Land and Water Adjudicatory Commission
Siting Board
Division of Cultural Affairs Division of Bond FInance
Division of Historical Resources Department of Revenue
Division of Library and Information Services FLORIDA DEPARrMENT OF STATE Department of Law Enforcement
Division of Licensing Department of Highway Safety and Motor Vehicles
Division of Administrative Services Jim Smith Department of Veterans' Affairs
Secretary of State
DIVISION OF ELECTIONS
October 10, 2002
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated October 4, 2002 and certified copy of Monroe County
Ordinance No. 024-2002, which was filed in this office on October 9,2002.
s~~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270
FAX: (850) 245-6282 . WWW Address: http://www.dos,state.fl.us . E-Mail: election@mail.dos.state.fl.us
.
DCA Final Order No,: DCA02-0R-362
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STATE OF FLORIDA 0 c; c=:3 -
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In re: MONROE COUNTY LAND DEVELOPMENT OcJ' N
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MONROE COUNTY ORDINANCE NO. 024-2002 . -1~ l..J
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FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6) and (11), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2002), 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 October 11, 2002, the Department received for review Monroe County Ordinance
No. 024-2002 which was adopted by the Monroe County Board of County Commissioners on
September 18,2002 ("Ord. 024-2002"). Ord. 024-2002 amends Section 9.5-285 of the Monroe
County Code to permit a percentage of the area in the rear yard setback of dry lots to contain
certain accessory uses and structures.
3. Ord. 024-2002 is consistent with the County's 2010 Comprehensive Plan.
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) and (11), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2002).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
1
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. S 380.031 (8), Fla. Stat. (2002). The
regulations adopted by Ord. 024-2002 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 S 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. 024-2002 promotes and furthers 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.
9. Ord. 024-2002 is not inconsistent with the remaining Principles. Ord. 024-2002 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 024-2002 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
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 TallahaS~ ~ :' g
fA SONNY TIMMERMAN, DIRECTO
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
2
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
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MA Y BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENT A TIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MA Y 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 DA YS 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 BOULEV ARD, 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
3
.
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,
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original ofthe foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true ;/tl!crrect copies have been furnished
to the persons listed below by the method indicated this "'day of November, 2002.
~ ~
~ ~J.~~~
~ Paula Ford. Agency Clerk
Bv U.S. Mail:
Honorable Charles "Sonny" McCoy
Mayor of Momoe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway. Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagencv Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee
4
ram\
DCA Final Order No.: DCA03-OR-015
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT Q o
REGULATIONS ADOPTED BY o L
MONROE COUNTY ORDINANCE NO. 027-2002 ;
-I-1on• — CD
1c7� �
FINAL ORDER �-� c..)
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> rn ;O
The Department of Community Affairs (the "Department")hereby issues its Final Order,
pursuant to §§ 380.05(6) and(11),Fla. Stat., and § 380.0552(9),Fla. Stat. (2002), 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 November 27, 2002,the Department received for review Monroe County
Ordinance No. 027-2002 which was adopted by the Monroe County Board of County
Commissioners on October 16, 2002 ("Ord. 027-2002"). Ord. 027-2002 creates Division 17,
Sections 9.5-435 through 9.5-438 of the Monroe County Code to establish reasonable and
uniform regulations to prevent the deleterious location and concentration of sexually oriented
businesses within the unincorporated area of Monroe County.
3. Ord. 027-2002 is consistent with the County's 2010 Comprehensive Plan.
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) and (11),Fla. Stat., and § 380.0552(9),Fla. Stat. (2002).
5. Monroe County is a local government within the Florida Keys Area of Critical State
1
I
Concern. § 380.0552,Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8),Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. § 380.031(8),Fla. Stat. (2002). The
regulations adopted by Ord. 027-2002 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. 027-2002 promotes and furthers 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.
(1) To protect the public health, safety, and welfare of the citizens of the Florida
Keys and maintain the Florida Keys as a unique Florida resource.
9. Ord. 027-2002 is not inconsistent with the remaining Principles. Ord. 027-2002 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 027-2002 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
2
DONE AND ORDERED in Tallahassee ri
ONNY TIMMERMAN, 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
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.
3
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.
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 c rrect copies have been furnished
to the persons listed below by the method indicated this Iiirefiy of January, 2003.
S(A.
-c p".23rencg YPaula Ford A Clerk
By U.S. Mail:
Honorable Dixie Spehar
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
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Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton,DCA Florida Keys Field Office
Richard A. Lotspeich,Assistant General Counsel, DCA Tallahassee
5