Ordinance 003-2008 ORDINANCE NO. 003-2008
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 9.5-120.5,
EXTENDING THE MORATORIUM ON NEW TRANSIENT UNITS,
SUCH AS HOTEL OR MOTEL ROOMS, OR CAMPGROUND,
RECREATIONAL VEHICLE OR TRAVEL TRAILER SPACES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR TRANSMITTAL FOR
CODIFICATION.
•
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. The Board of County Commission previously adopted Ordinance No. 001-2002, to extend the
moratorium on new transient units from January 1, 2002 to December 31, 2006; subsequently
Ordinance No.001-2007 was enacted extending the moratorium until December 31, 2007.
2. The prohibition on new transient units is necessary for staff to formulate a strategy to address
the impacts associated with the development of new transient units.
3. Any strategy to permit new transient units must address the impacts of transient units on
hurricane evacuation, workforce/employee housing, wastewater treatment, traffic volumes
and the natural environment through increase in use of the reefs, and the waters off the
Florida Keys. •
4. The Planning Commission held a public hearing on the proposed text amendment on January
8, 2008.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,THAT:
Section 1. Chapter 9.5 Article VII, Division 2, Monroe County Code, is hereby amended as
follows:
Sec. 9.5-120.5 Moratorium on new transient units.
New transient residential units, such as hotel or motel rooms, or campground, recreational vehicle
or travel trailer spaces shall not be eligible for residential ROGO allocations until December 31,
2008 or until new Land Development Regulations are adopted to permit new transient units.
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be •
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.
W:GROWTH MANAGEMENT BOCC GMD Agenda Items 200801 16 Transient Moratorium Transient Moratorium Ordinance.doc Page 1 of 2
Section 3.Repeal of Conflicting Provisions.
The provisions of the Monroe County code and all ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed. ,
Section 4. 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 notice is issued by the Department of Community Affairs or
Administrative Commission approving ordinance pursuant to Chapter 380,Florida Statutes.
Section 5. Transmittal for Codification
The provisions of this ordinance shall be included and incorporated into the Code of Ordinances
of the County of Monroe, Florida, as an addition or amendment thereto and shall be appropriately
numbered to conform to the uniform numbering system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida
at a regular meeting held on the 16 th..day of January ,200 8 .
Mayor Charles"Sonny"McCoy Yes
Mayor Pro Tern Mario DiGennaro -Not Present
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
Commissioner Dixie Spehar Yes
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BOARD OF COUNTY COMMISSIONE£ �0- "'
OF MONROE CO TY,FLORIDA -�°=" .:�
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�' - ' Mayor Charles"Sonny"McCoy ,
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- ;-: L. KOLHAGE, CLERK
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Ga..,..4.4,,,,e_k_i ,. MONROE COUNTY ATTORNEY
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P:\Word\Growth Management\Ordinances\Transient Unit moratorium\Transient Moratorium Ordinapce.doc Page 2 of 2
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'`MONROLOUNTY COURTHOUSE Noh\ BRANCH OFFICE:
500 WHITEHEAD STREET,SUITE 101 r bco�aTy 0 14 PLANTATION KEY
KEY WEST,FLORIDA 33040 :s' ° •.
g• pa GOVERNMENT CENTER
TEL. (305) 294-4641 ° 7 m 88820 OVERSEAS HIGHWAY
FAX(305) 295-3663 • 1��, PLANTATION KEY,FLORIDA 33070
BRANCH OFFICE: y�oFcou...•••�e TEL. (305) 852-7145
FAX(305)852-7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON,FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD
TEL. (305)289-6027 PLANTATION KEY,FLORIDA 33070
FAX (305)289-1745 www.clerk-of-the-court.com TEL. (305) 852-7145
FAX(305)853-7440
January 25, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7007 2560 0001 6107 0181
Dear Ms. Cloud,
Enclosed please find a certified copy of the following Ordinance No. 004-2008 amending
Section 9.5-120.6, extending the moratorium on transfer of Recreational Vehicle Spaces to hotel
and motel units off-site; providing for severability; providing for repeal of inconsistent
provisions; providing for an effective date; and providing for transmittal for codification.
This Ordinance was 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 L. 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
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:-AipNRCileCLOUNTY COURTHOUSE BRANCH OFFICE:
5-00 WHiiHEAD STREET,SUITE 101 y...... co111 PLANTATION KEY
KEY WEST,FLORIDA 33040 o°: "cu,44 4131
TEL. (305)294-4641 r -
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
FAX(305) 295-3663 • �'� 1 . PLANTATION KEY,FLORIDA 33070
BRANCH OFFICE: y'b••......•• oo- TEL. (305)852-7145
FAX(305)852-7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON,FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070
FAX (305) 289-1745 www.clerk-of-the-court.com TEL. (305)852-7145
FAX(305) 853-7440
January 31, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7007 2560 0001 6107 0198
Dear Ms. Cloud,
On January 25, 2008, you were sent a certified copy of Ordinance No. 004-2008 amending
Section 9.5-120.6, extending the moratorium on transfer of Recreational Vehicle Spaces to hotel and
motel units off-site; providing for severability; providing for repeal of inconsistent provisions;
providing for an effective date; and providing for transmittal for codification. Please note that this
action was done with erroneous information. The Ordinance should be disregarded and should not
be filed for record.
The Ordinance is actually Ordinance No. 003-2008 amending Section 9.5-120.5, extending the
moratorium on new transient units, such as hotel or motel rooms, or campground, recreational vehicle
or travel trailer spaces; providing for severability; providing for repeal of inconsistent provisions;
providing for an effective date; and providing for transmittal for codification.
This Ordinance was 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 L. 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
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SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if F:estricted Delivery is desired.
. Print your name and address on the reverse
so that WH can return the card to you.
. Attach this card to the back of the mailpiece,
or on the 'front if space permits.
1. Article Addressed to:
Ms. Liz Cloud
Administrative Code & Weekly
R. A. Gray Building
500 S llronough Street
Tallahassee FL 32399-0250
(Ordinance 003-2008)
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A. Signature
o Agent
o Addressee
...., f. Date of Delivery
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D. Is delivery~~s~~refJ:MIf;! item 1? 0 Yes
If YES, enter de1ivery adJ-rk's~'E.elow: 0 No
CLEARED
3. Service Type
~rtified Mail
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o Express Mail
o Return Receipt for Merchandise
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4. Restricted Delivery? (Extra Fee)
DYes
2. Article Number
(Transfer fmm service label)
PS Form 3811, February 2004
7007 2560 0001 6107 0198
102595-02-M-1540
Domestic Return Receipt
FLORIDA DEPARTMENT of STATE
. .
CHARLIE CRIST
Governor
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
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 January 31, 2008 and certified copy of Monroe County Ordinance No. 003-2008, which was
filed in this office on February 4, 2008.
Sincerely,
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DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDO: 850.922.4085 . bttp~l/dlis.dos.state.f].us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORlDA
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
f!50.245.6270 . FAX: 850.245.6282
DCA Final Order No.: DCA08-0R-069
ST ATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULA nONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 003-2008
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FINAL ORDER
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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
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 February 4, 2008, the Department received for review Monroe County
Ordinance No. 003-2008 ("Ord. 003-2008"), adopted by Monroe County on January 16,2008.
3. The purpose ofthe Ordinance is to amend Section 9.5-120.5 of the Monroe
County Code to extend the moratorium on New Transient Units such as Hotel Rooms, Motel
Rooms, and Campground, Recreational Vehicle, and Travel Trailer Spaces until December 31,
2008 or until new land development regulations are adopted to permit new transient units.
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. !i 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stal. (2007).
5. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. !i 380.0552. Fla. SIal. (2007) and Rule 28-29.002 (superseding Chapter 27F-8),
DCA Final Order No.: DCA08-0R-069
Fla. Admin. Code.
6. '"Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development ofland. S 380.031(8), Fla. Stat. (2007). The
regulations adopted by Ord. 003-2008 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 S 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 FAL.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. 003-2008 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.
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
(e) To limit the adverse impacts of development on the quality of
water throughout the Florida Keys.
(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.
9. Ord. 003-2008 is consistent with the Principles for Guiding Development as a
whole.
10. Ord. 003-2008 is consistent with the Monroe County Comprehensive Plan Policy
101.2.6, relating to the prohibition of new transient residential units; Goal 203, to protect and
where possible enhance the health and integrity of living marine resources and marine habitat;
Policy 301.2.2, to not permit new development that in combination with all other development
would significantly degrade the Level of Service below the adopted Level of Service Standards;
Goal 601, to adopt programs and policies to facilitate access by all current and future residents to
2
DCA Final Order No.: DCA08-0R-069
adequate and affordable housing; Objective 701.1, to ensure that adequate potable water and
waste water treatment and distribution facilities are available to support the development at the
adopted Level of Service Standards; and Policy 901.1.2, requiring the adoption of a Concurrency
Management System to ensure that no permits will be issued for new development unless
adequate sanitary wastewater treatment and disposal facilities necessary to support the
development are available concurrent with the impacts of development.
WHEREFORE, IT IS ORDERED that Ord. 003-2008 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 Tallahassee, Florida.
(la.., J ~~ ':l, lV( a~
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 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
AOMINISTRA TIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
3
DCA Final Order No.: DCA08-0R-069
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 REPRESENT A TIVE, 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 F ACT 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 28-1 06, 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.
4
DCA Final Order No.: DCA08-0R-069
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 5 TJ2-day of March, 2008.
~/ d~.& '-? 4-n it
Paula Ford, Agency Clerk
Bv 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
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv 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
5
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
500 WHITEHEAD STREET,SUITE 101 couNryo PLANTATION KEY
•KEY WEST,FLORIDA 33040 %��'J••s`�M�.. F GO% VERNMENT CENTER
TEL. (305)294-4641 • 7 �) 88820 OVERSEAS HIGHWAY
U N�
FAX(305)295-3663 /,o, oQ j PLANTATION KEY,FLORIDA 33070
1, •. o�� TEL. (305)852-7145
BRANCH OFFICE: I\ couNtv.F`� FAX(305)852-7146
MARATHON SUB COURTHOUSE \\\��"_
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON,FLORIDA 33050 50 HIGH POINT ROAD
TEL. (305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070
FAX(305)289-1745 www.clerk-of-the-court.com TEL. (305)852-7145
FAX(305)853-7440
August 22, 2008
Ms. Liz Cloud,Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Fax (850) 245-6283
Dear Ms. Cloud,
Attached is the corrected first page of Ordinance No. 003-2008 that was inadvertantly
forwarded to you numbered as Ordinance No. 004-2008.
This Ordinance was 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 L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: File