Ordinance 038-2007
ORDINANCE NO. 038-2007
AN ORDINANCE OF MONROE COUNTY, FLORIDA, PROVIDING FOR
A MORATORIUM ON THE ACCEPTANCE OF DEVELOPMENT
APPLICATIONS FOR THE REDEVELOPMENT OF MOBILE HOME
PARKS WITHIN UNINCORPORATED MONROE COUNTY;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR VESTED RIGHTS;
PROVIDING FOR APPEALS; PROVIDING FOR EXHAUSTION OF
ADMINISTRATIVE REMEDIES; PROVIDING FOR A
COMMENCEMENT DATE OF MAY 16,2007 AND AN EXPIRATION
DATE OF NOVEMBER 16, 2007, OR WHEN AMENDMENTS TO THE
MOBILE HOME PARK REDEVELOPMENT REGULATIONS BECOME
EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, a number of Mobile Home Parks (collectively the "Mobile Home Parks")
are located in Monroe County, Florida; and
WHEREAS, the Mobile Home Parks serve a critical role in providing affordable and
work force housing for those persons who live in, and are employed in, Monroe County; and
WHEREAS, the existing supply of affordable and workforce housing is insufficient to
meet the cun~ent demand for affordable and workforce housing needs; and
WHEREAS, during the past few years several Mobile Home Parks have been closed for
redevelopment with a net loss to Monroe County of affordable and workforce housing; and
WHEREAS, the County finds itself facing increasing pressure concerning the possible
redevelopment of Mobile Home Parks in the County, and such redevelopment pressure could
result in the loss of critical workforce and affordable housing units in the County; and
WHEREAS, the County recognizes the need to develop comprehensive plan policies,
land development regulations, and programs to preserve the existing stock of affordable housing
and increase the availability of affordable housing for those who live in, and are employed in,
Monroe County; and
WHEREAS, by Resolution of the Monroe County Board of County Commissioners
("BOCC") dated May 18, 2005, a Workforce Housing Task Force ('Task Force") was created
and members from the community and officials from the County governments were appointed to
the Task Force; and
Page 1 of6
WHEREAS, the Task Force has conducted a number of meeting and received substantial
input from the citizens of Monroe County regarding the workforce housing issues in Monroe
County; and
WHEREAS, the loss of affordable housing provided by the County's Mobile Home Parks
has a detrimental impact on the existing inventory of affordable housing and its availability for
those who work and live in the County; and
WHEREAS, the Task Force, after thorough and due deliberation, adopted on February I,
2007 a Resolution of the Monroe County Workforce Housing Task Force Concerning Amending
Section 95-120.3 of the Monroe County Land Development Regulations that specifically
addresses the preservation of Mobile Home Parks for workforce housing; and
WHEREAS, the Task Force Resolution is in the process of being considered by the
County staff and Planning Commission, and ultimately will have to be approved by the BOCC
and the Florida Department of Community Affairs; and
WHEREAS, the approval process for the Task Force's Resolution will of necessity
consume a substantial amount of time; and
WHEREAS, utilization of the moratorium as a temporary measure to facilitate
governmental decision-making, study, and the adoption of comprehensive plan amendments
and/or land development regulations, is a legitimate governmental tool to facilitate logical and
considered growth and as a means of avoiding inefficient and ill-conceived development; and
WHEREAS, Monroe County has determined that Chapter 723, Florida Statutes does not
preempt Monroe County from enacting a temporary moratorium by virtue of the County's right
to accept or deny the approval of site plans for proposed development within its jurisdictional
boundaries; and
WHEREAS, Monroe County finds it in the best interest of the public to establish a
temporary moratorium on acceptance of development applications that seek development
approvals for the redevelopment of Mobile Home Parks so that Monroe County can undertake its
study to determine the number of affordable housing units in the County including Mobile Home
Parks, the population served by the Mobile Home Parks, and the affordable housing needs of
those residents if the Mobile Home Parks are redeveloped; and
WHEREAS, Monroe County has embarked on a Community Master Planning Program
for the Lower Keys pursuant to Policy 101.20.1 of the Monroe County Comprehensive Plan; and
WHEREAS, such a community plan would contain a framework for future
redevelopment, including appropriate mechanisms for allowing citizens continued oversight and
involvement in implementation of their plans, a community character element that will address
Page 2 0[6
the protection and enhancement of existing residential areas, and the preservation of community
character through site and building guidelines; and
WHEREAS, the Monroe County Planning Department is preparing an overlay district for
Stock Island and the implementing regulations of the Key Largo CommuniKeys Plan that were
developed pursuant to Policy 101.20.1 of the Monroe County Comprehensive Plan; and
WHEREAS, staff has been working on an ordinance which would provide incentive for
redevelopmtmt which retains the stock of affordable housing in mobile home parks; and
WHEREAS, member(s) of the public has(have) made suggestions for changes to the land
developmenlt regulations to preserve mobile home parks; and
WHEREAS, Monroe County finds it necessary to establish a temporary moratorium on
acceptance of development applications that seek development approvals for the redevelopment
of Mobile Home Parks so that Monroe County can undertake its community master planning of
the Lower Keys, continue implementing regulations of the Key Largo CommuniKeys Plan and
Stock Island Plan, and to work towards an ordinance which would provide greater guarantees of
retaining the existing affordable housing in mobile home parks that it is believed the current
"inclusionary" ordinance provides; and
WHEREAS, Monroe County finds it the interest of the general public to establish a
temporary moratorium on acceptance of development applications that seek development
approvals for the redevelopment of Mobile Home Parks so that Monroe County can develop
review procedures to assure community participation as required by Policy 101.20.1 of the
Monroe County Comprehensive Plan; and
WHEREAS, the current pace of residential development in Monroe County is governed
by the Rate of Growth Ordinance (ROGO) and it may take several years for residents displaced
by redeveloped mobile home parks from being able to move their mobile homes to a new
location in Monroe County; and
WHEREAS, Florida Statutes authorize that residents evicted when a park is redeveloped
may be given only six (6) months to relocate; and
WHEREAS, Monroe County is designated an Area of Critical State Concern (FS
380.052) with the legislative intent to establish a land use management system that conserves and
promotes th" community character of the Florida Keys and to provide for affordable housing in
close proximity to places of employment in the Florida Keys; and
WHEREAS, the Principles for Guiding Development in the Florida Keys Area of
Critical Statt: Concern articulate the importance to make available adequate affordable housing
for all sectors of the population of the Florida Keys and to protect the public health, safety, and
Page] of 6
welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida
resource; and
WHEREAS, the provIsIOns of this Ordinance are consistent with the County's
Comprehensive Plan.
NOW, THl<:REFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
SECTION 1. Recitals. The above recitals are true, correct and incorporated herein by
reference.
SECTION 2. Moratorium Imposed. Retroactive to May 16, 2007 the Monroe County
Growth Management Division shall take no applications for building permits, development
orders, and development permits, as those terms are defined in Chapter 163, Florida Statutes
(Collectively "Development Orders") within the unincorporated county concerning the matter of
redevelopment, modification or conversion of existing Mobile Home Parks to any other use,
except as provided herein, as of May 16, 2007.
SECTION 3. Exemptions. Exempt from this moratorium is the replacement of mobile
homes pursuant to Section 723.041 (4), Florida Statutes, and repairs to mobile homes existing on
site on the effective date of this Ordinance.
SECTION 4. Definitions. The following definitions shall be utilized in the application
of this Ordinance:
(I) "Mobile Home Park" means any real property that is governed by Chapters 513 and
723, Florida Statutes.
(2) "Mobile Home" has the same definition as set forth III sections 320.01 (2) (a),
513.01(3) and 723.003(3), Florida Statutes.
(3) "Redevelopment" means the proposed removal or replacement of existing mobile
homes for the purpose of installing, building or constructing on the property single family, multi-
family, or other structures other than mobile homes and any appurtenances thereto.
SECTION 5. Vested Rights.
(A) Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a
property owner of a Mobile Home Park to complete development where the property owner can
demonstrate all of the following:
(1) A governmental act of development approval obtained prior to the effective date of
this Ordinance,
Page 4 0[6
(2) Upon which the owner has detrimentally relied, in good faith, by making substantial
expenditures, and
(3) That it would be highly inequitable to deny the property owner the right to complete
development.
(B) Any property owner claiming to have vested rights under this Section must file an
application with Monroe County staff for a vested rights determination under the provisions of
Section 9.5-181, et seq., Monroe County Code.
SECTION 6. Exhaustion of Administrative Remedies. No property owner claiming
that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of
private property or an abrogation of vested rights may pursue such claim unless he or she has first
exhausted all administrative remedies.
SECTION 7. Expiration. The moratorium imposed by this Ordinance is temporary and,
unless dissolved earlier by the Board of County Commissioners, shall automatically dissolve at
midnight on November 16, 2007 unless otherwise extended in accordance with applicable law, or
upon adoption of new comprehensive plan policies and land development regulations concerning
mobile home park redevelopment, the formulation of which shall be expeditiously pursued.
SECTION 8. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 9. Transmittal. This ordinance shall be transmitted to the Florida Department
of Community Affairs pursuant to Ch. 380, Florida Statutes, and the DCA is requested to review
and approvf: it by Immediate Final Order in accordance with Section 120.569(2)(n), Florida
Statutes, in recognition of the public importance of retaining the existing mobile home parks, and
to prevent the threat of further loss of affordable housing as "an immediate danger to the public,
health, safety or welfare."
Section 10. Filing with Secretary of State and Effective Date. This Ordinance shall be
filed in the Office of the Secretary of State of the State of Florida, but shall not become effective
until a noticl~ is issued by the Department of Community Affairs or Administration Commission
approving this ordinance pursuant to Florida Statutes, Chapter 380.
PageS of6
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 18th day of July , 2007.
Mayor Mario DiGennaro Yes
Mayo Pro Tern Dixie Spehar Yes
Commissioner Charles "Sonny" McCoy Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
ATTEST:
DANNY L. KQtflAGE
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
FOR MONROE COUNTY
By: ~if~
Mayor Mario DiGennaro
MONROE COUNTY ATTORNEY
.. ,d,~~:I:I;~
SUSAN M. C3 SLEY ~
ASSISTANT COUNTY ATTORNEY
Date G '~jL-u 7
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAJ<(305)289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAJ< (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAJ< (305) 852-7146
August 16, 2007
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160000038412488
Dear Ms. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 035-2007 repealing Sections 9.5-171 through 9.5-174 of the Monroe
County Code concerning Beneficial Use Determinations; providing for new Regulations
concerning Beneficial Use Determinations; providing a forum for relief; providing an application
process; providing for a hearing and recommendation by a Special Master; providing for
forwarding such recommendation to the Board of County Commissioners for a hearing;
providing for standards, burden of proof and forms of relief; 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. 036-2007 approving a request by Pine and Palms Trailer Park Association
for a Land Use District Map amendment from Urban Residential Mobile Home-Limited
(URM-L) to Urban Residential Mobile Home (URM) for property legally described as Lots 1-16,
Maloney Subdivision, Pine & Palms Trailer Park, Stock Island, Section 35, Township 67, Range
25, Monroe County, Florida, having real estate numbers: 00126100.000101, 00126100.000102,
00126100.000103,00126100.000104, 00126100.000105, 00126100.000106, 00126100.000107,
00126100.000108, 00126100.000109, 00126100.000110, 00126100.000111, 00126100.000112,
00126100.000113,00126100.000114,00126100.000115, and 00126100.000116.
Ordinance No. 037-2007 approving the request by Lee Robert Rohe, on behalf of Ruben
Investment Properties, to amend the Land Use District Map for the following properties from
Ordinance No. 035-2007 to 038-2007
Improved Subdivision (IS) to Sub Urban Commercial (SC). The properties are physically
located on First Street, Big Coppitt Key and are legally described as Block 18, Lot I,
Johnsonville Subdivision, PB I-53, Big Coppitt Key, Monroe County, Florida and part
Governrnent Lot 3, Big Coppitt Key, Monroe County, Florida. The real estate numbers are
00153240.0100010101 and 001216601.0000010, at approximate mile marker 101.
Ordinance No. 038-2007 providing for a moratorium on the acceptance of development
applications for the redevelopment of mobile home parks within unincorporated Monroe County;
providing for exemptions; providing for vested rights; providing for appeals; providing for
exhaustion of administrative remedies; providing for a commencement date of May 16, 2007 and
an expiration date of November 16, 2007, or when amendments to the mobile home park
redevelopment regulations become effective, whichever comes first; providing for transmittal to
the Department of Community Affairs; providing for severability; and providing for an effective
date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting held in formal session on July 18, 20017. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny 1. Kolhage
Clerk ofthe Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Via E-Mail to thelollowing:
Growth Management
Counlly Attorney
BOCC
File
FLORIDA DEPARTMENT Of STATE
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
August 22, 2007
Honorable Danny L. Kolhage
Clerk of Circuit Court
Momoe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letters dated August 16, 2007 and certified copies of Momoe County Ordinance Nos. 028-2007, 029-
2007,031-2007,032-2007,035-2007,036-2007,037-2007 and 038-2007 which were filed in this office
on August 20,2007.
Sincerely,
If!its ~~~
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronough Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX; 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.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
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See Reverse for InstructIOns
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2. and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
~;O that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front jf space permits.
1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R,A, Gray Building
500 South Bronough Street
Tallahassee. Florida 32399-0250
2. Al1icle Number
(Tiansfer from service label)
PS Form 3811 , February 2004
COMPLETE THIS SECTION ON DELIVERY
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7005 1160 DODD 3841 2488
102595-02-M-1540
Domestic Return Receipt
DCA Final Order No.: DCA07-0R-197
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re:
MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 038-2007
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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. (2006), approving a land
development regulation adopted by a local govermnent within the Florida Keys Area of Critical
State Concl:rn as set forth below.
FINDINGS OF FACT
I. 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 August 29, 2007, the Department received for review Monroe County
Ordinance No. 038-2007 ("Ord. 038-2007"), adopted by Monroe County on July 18,2007.
3. The purpose of the Ordinance is to adopt a temporary six month moratorium on
the acceptance of development applications for the redevelopment of mobile home parks to
allow the County to develop policies and regulations to assist in the preservation of existing
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 govermnent in the Florida Keys Area of Critical
State Concern. ~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2006).
5. Monroe County is a local govermnent within the Florida Keys Area of Critical
State Concern. ~ 380.0552, Fla. Stat. (2006) and Rule 28-29.002 (superseding Chapter 27F-8),
DCA Final Order No.: DCA07-0R-197
Fla. Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development ofIand. ~ 380.03 I (8), Fla. Stat. (2006). The
regulations adopted by Ord. 038-2007 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), ajJ'd, 740 So. 2d 1209 (Fla. 3d DCA
in isolation from the other provisions.
1999). The' Principles are construed as a whole and no specific provision is construed or applied
8. Ord. 038-2007 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.
(I) To protect the public health, safety, and welfare ofthe citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
whole.
9. Ord. 038-2007 is consistent with the Principles for Guiding Development as a
WHEREFORE, IT IS ORDERED that Ord. 038-2007 is found to be consistent with the
hereby APPROVED.
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
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.
2
DCA Final Order No.: DCA07-0R-197
(b.1 j LA.A~~ 110 1,t-(CtJ
CHARLES GAUTHIER, 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
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAYBE 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
DCA Final Order No.: DCA07-0R-197
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNUY 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 ~~correct c~~~: been furnished
to the persons listed below by the method indicated this ~ay of >""P~' 2007.
/~'-1-~5S
~aula Ford, Agenc)f'Clerk
By U.S. Mail:
Honorable Mario Di Gennaro
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Key West, Florida 33050
4
DCA Final Order No.: DCA07-0R-197
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Andrew Tlivette
Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagency Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Clark Turner, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
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