Ordinance 001-2008 COUNTY COMMISSION ORDINANCE NO. 001-2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS 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 RV 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 /
WHEREAS, There are a total of 11 RV land use districts in unincorporated
Monroe County containing a total of 658 RV spaces and 197 acres;
WHEREAS, Monroe County recognizes the need for additional flexibility
within the RV land use district to accommodate traditional seasonal residents;
WHEREAS,Historically the RV land use district has provided this flexibility;
WHEREAS, Monroe County recognizes the need for flexibility within the
transient use category to provide a seasonal occupancy;
WHEREAS, RV space owners desire the ability to construct new or convert
existing buildings into permanent structures for personal seasonal use; and
WHEREAS, Monroe County wishes to preserve this seasonal type of use in
the RV land use district; and
WHEREAS, The Development Review Committee convened on July 24th and
August 6th, 2007 to review the proposed text amendment and duly considered
comments and recommendations made by staff and the public; and
WHEREAS, On September 12, 2007 the Planning Commission heard the
proposed text amendment in Marathon and continued it for a second hearing on
September 26, 2007 in Key Largo, and in due consideration of public testimony and
the recommendations made by staff at both hearings, the text amendments were
recommended for adoption with minor revisions for clarification purposes only; and
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WHEREAS, On November 14, 2007 at their regularly scheduled meeting in
Key Largo the Board of County Commissioners heard the proposed text amendment at
a 5:00 PM Public Hearing;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS,THAT:
Section 1. Section 9.5-4 is hereby amended as follows:
Sec. 9.5-4 Definitions
(S-2.1 ) Seasonal residential unit is a transient residential unit with one (1) or more
rooms, toilet facilities, and kitchen physically arranged to create a housekeeping
establishment for occupancy by one (1) family, with tenancies not to exceed 180
consecutive days.
*****
(T-4) Transient residential unit means a dwelling unit used for transient housing such
as hotel or motel room, seasonal residential unit, or space for parking a recreational
vehicle or travel trailer.
(T-4.1) Transitional recreational vehicle unit is a recreational vehicle unit identified
for conversion from a recreational vehicle to a seasonal residential unit within an
approved development agreement with Monroe County establishing a phased
transition from a traditional recreational vehicle park to a seasonal residential use.
Section 2. Section 9.5-215 is hereby amended as follows:
Sec. 9.5-215 Purpose of the Recreational Vehicle District(RV)
The purpose of the RV districts is to establish areas suitable for the development of
destination resorts for recreational vehicles and other transient units such as seasonal
residential units.
Section 3. Section 9.5 —244 is hereby amended as follows:
Sec. 9.5-244 Recreational Vehicle District(RV).
(a) The following uses are permitted as of right in the Recreational Vehicle District:
(1) Recreational vehicle spaces. RV spaces are intended for use by traveling
recreational vehicles. RV spaces may be leased, rented or occupied by a
specific, individual recreational vehicle, for a term of less than twenty-eight
(28) days, but placement of a specific, individual recreational vehicle
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(regardless of vehicle type or size) within a particular RV park for occupancies
or tenancies of six (6) months or more is prohibited. Recreational vehicles may
be stored, but not occupied, for periods of six (6) months or greater only in an
approved RV storage area(designated on a site plan approved by the director of
planning) or in another appropriate district that allows storage of recreational
vehicles. RV storage areas must meet all land development regulations,
floodplain management regulations and building code requirements for storage
of recreational vehicles.
(2) Commercial retail uses of less than twenty-five hundred (2,500) square feet
of floor area; and
(3) Accessory uses, including permanent owner/ employee residential dwelling
units. No more than one (1) permanent residential unit per three (3) RV spaces
up to ten(10)percent of total spaces allowed or in existence.
(4) Collocations on existing antenna-supporting structures, pursuant to article
VII, Division 16, section 9.5-434.5(c) "Collocations on existing supporting
structure."
(5) Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5(f) "Satellite earth
stations."
(b) The following use is permitted as a minor conditional use in the recreational
Vehicle District, subject to the standards and procedures set forth in article III,
division 3:
(1) Hotels providing less than fifty rooms,provided that:
a. The use is compatible with established land uses in the immediate
vicinity; and
b. One or more of the following amenities are available to guests;
i. Swimming pool;
ii. Marina; and
iii. Tennis court.
(2)Attached or detached.seasonal residential units,provided that:
a. All units within the RV land use district shall be subject to the terms
and conditions of a Development Agreement as defined in 9.5-101,
9.5-102 and further defined below.
b. The units meet all land development regulations, floodplain
management regulations, building code, and life safety requirements
for the development of transient structures;
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c. The development of seasonal residential units shall occur only in gated
RV parks with a managing entity responsible for evacuation.
d. The proposed site is subject to an approved development agreement
with Monroe County detailing at a minimum:
i. All proposed transitional recreational vehicle units;
ii. A proposed site plan;
iii. A design strategy demonstrating separation of transient unit
types on the property for life safety as well as design that is
consistent with community character, and any applicable
Monroe County design guidelines;
iv. A statement of commitment for the park to adhere to transient
evacuation regulations;
v. A phasing plan, as appropriate, detailing timelines for project
completion;
vi. Access to US 1 is by way of:
i. an existing curb cut;
ii. a signalized intersection; or
iii. a curb cut that is separated from any other curb cut on
the same side of US 1 by at least four hundred(400)
feet.
(3)Parks and community parks;
(4) Replacement of an existing antenna-supporting structure pursuant to article
VII, division 16, section 9.5-434.5(b) "Replacement of an existing antenna-
supporting structure;"
(5)Attached wireless communications facilities, as accessory uses, pursuant to
article
VII, division 16, section 9.5-434.5(d) "Attached wireless communications
facilities;"
(6) Stealth wireless communications facilities, as accessory uses,pursuant to
article VII, division 16, section 9.5-434.5(e) "Stealth wireless communications
facilities;"and
(7) Satellite earth stations greater than or equal to two (2)meters in diameter,
as accessory uses,pursuant to article VII, division 16, section 9.5-434.5(f)
"Satellite earth stations."
(c) The following uses are permitted as major conditional uses in the Recreational Vehicle
District, subject to the standards and procedures set forth in article III, division 3:
(1)Hotels providing fifty (50) or more rooms,provided that:
a. The hotel has restaurant facilities on or adjacent to the premises; and
b. Access to US 1 is by way of:
i. an existing curb cut;
ii. a signalized intersection;
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iii. a curb cut that is separated from any other curb cut on the
same side of US 1 by at least four hundred(400) feet.
(2)Marinas,provided that:
a. The parcel proposed for development has access to water at least four
(4) feet below mean seas-level at mean low tide;
b. The sale of goods and services is limited to fuel, food,boating, diving
and sport fishing products;
c. Vessels docked or stored shall not be used for live-aboard purposes;
d. All outside storage areas are screened from adjacent uses by a solid
fence, wall or hedge at least six (6)feet in height; and
e. The parcel proposed for development is separated from any
established residential use by a class C buffer-yard.
(3)Reserved
(4) Land use overlays,.A, E, INS, PF, subject to provisions of section 9.5-257.
(5) Wastewater treatment facility and wastewater treatment collection
systems(s) serving(a)use(s) located in any land use district provided that:
a. The wastewater treatment facility and wastewater treatment collection
system(s) is (are) in compliance with all federal, state, and local requirements;
and
b. The wastewater treatment facility, wastewater treatment collection
system(s) and accessory uses shall be screened by structures(s) designed to be
architecturally consistent with the character of the surrounding community and
minimize the impact of any outdoor storage,temporary or permanent; and
c. In addition to any district boundary buffers set forth in article VII,
division 10, a planting bed, eight(8) feet in width,to be measured
perpendicular to the exterior of the screening structure shall be established with
the following:
i. One native canopy tree for every twenty-five (25) linear feet of
screening structure and one understory tree for every ten (10)
linear feet of screening structure; and
ii. The required trees shall be evenly distributed throughout the
planting bed; and
iii. The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
iv. A solid fence may be required upon determination by the
planning director.
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e
Section 4. 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 decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of
any part.
Section 5. 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 6. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an addition or
amendment thereto, and shall be appropriately numbered to conform to the uniform number
system of the Code.
Section 7. Approval by the State Department of Community Affairs. The provisions of
this Ordinance constitute a "land development regulation" as State law defines that term.
Accordingly, the Monroe County Clerk is authorized to forward a copy of this Ordinance to
the State Department of Community Affairs for approval pursuant to Sections 380.05(6) and
(11), Florida Statutes and to the Secretary of State for the State of Florida, as required.
Section 8. Effective Date. This Ordinance shall be effective immediately upon approval by
the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the 16th day of Jan.. , 2008.
Mayor Charles "Sonny" McCoy Yes
Mayor Pro Tem Dixie M. Spehar Yes
Commissioner Mario DiGennaro Yes
Commissioner George Neugent Yes
_ Commissioner Sylvia Murphy Yes
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY,FL DA
By:
,i ,1 .d. Mayor Charles"Sonny"McCoy
(0
„ - y L. olhage, CLERK
` f OURS'
,
Deputy Clerk •
•
t MONROE COUNTY ATTORNEY.
J APPROVED AST.FORM ,
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Date. /•'-2 a l+ C. C. 7 .
17 to
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Page7of7 •
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
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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
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DCA Final Order No.: DCA08-0R-I09
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 001-2008
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. 001-2008 ("Ord. 001-2008"), adopted by Monroe County on January 16,2008.
3. The purpose ofthe Ordinance is to adopt amendments to the text of the Monroe
County Code to allow for the conversion of existing recreational vehicle (RV) spaces into
permanent structures for seasonal use by the owner subject to the conditions identified in a
Development Agreement entered into with Monroe County, and subject to compliance with the
Monroe County Comprehensive Plan and Land Development Regulations.
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).
DCA Final Order No.: DCA08-0R-I09
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.
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development ofland. ~ 380.031(8), Fla. Stat. (2007). The
regulations adopted by Ord. 001-2008 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), ajJ'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. 001-2008 allows for the conversion ofa RV space to a seasonal residential
unit by the owner pursuant to a Development Agreement and compliance with the Monroe
County Comprehensive Plan and Land Development Regulations, and is consistent 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.
(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.
(1) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
2
DCA Final Order No.: DCA08-0R-I09
Florida resource.
9. Ord. 001-2008 is consistent with the Principles for Guiding Development ofthe
Florida Keys Area of Critical State Concern as a whole.
WHEREFORE, IT IS ORDERED that Ordinance No. 001-2008 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.
(3..A A A..:J:i;z 4\21J~8'
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
3
DCA Final Order No.: DCA08-0R-I09
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATNE CODE. IN AN
INFORMAL ADMINISTRA TNE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATNE, 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 ADMINISTRATNE LAW JUDGE OF THE
DNISION OF ADMINISTRATNE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATNE CODE. AT A FORMAL ADMINISTRATNE 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
ADMINISTRATNE 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 ADMINISTRATNE 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 ADMINISTRATNE 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 ADMINISTRATNE 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.
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DCA Final Order No.: DCA08-0R-I09
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 annrrect copies have been furnished
to the persons listed below by the method indicated this li '!fay of April, 2008.
Jl1~
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
Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Delivery or Interagencv Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
6