Ordinance 012-2008
ORDINANCE 012-2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTION 9.5-521 CONCERNING
APPEALS FROM ADMINISTRATIVE ACTIONS TO CHANGE THE
APPEAL PERIOD FROM THIRTY (30) WORKING DAYS TO THIRTY (30)
CALENDAR DAYS; CHANGING THE TIME PERIOD FOR FORWARDING
AI>PEALS TO THE PLANNING COMMISSION AND MAILING NOTICES
TO OTHER DESIGNATED PERSONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE OF
ORDINANCES; PROVIDING FOR FILING WITH THE SECRETARY OF
STATE AND THE DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. The current provisions of the Monroe County Code allow thirty (30) working days to appeal from
administrative actions of officials acting pursuant to the Land Development Regulations in Chapter 9.5.
2. The calculation of the number of working days leads to uncertainty in the appeal process for the
applicants, the public and staff and unfair advantage and unequal treatment by granting additional days to
file to some appellants.
3. Applicants, members of the public, and staff cannot easily determine the number of actual days of the
appeal period when working days are used to calculate the appeal time.
4. There is a five (5) working day time period for the transmission and mailing of records and notices
concerning appeals to designated recipients, and this time is insufficient given the number of staff and
budget constraints.
5. Thirty (30) days to appeal a decision of an administrative decision is sufficient time and is consistent
with other appellate actions in the Code and other appellate proceedings.
6. The Planning Commission held a public hearing at its regular meeting on February 19, 2008, and
recommended by a vote of 4-0 the version of the ordinance as set forth below, changing the organization
of the paragraph and changing the proposed amendment from 10 working days for notice to be forwarded
to 15 calendar days, in order to maintain consistency with the use of calendar days.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe
Connty:
Section 1. Section 9.5-521 is amended as follows:
Sec. 9.5-521. Appeals.
*****
(c) Procedures: A notice of appeal in the form prescribed by the director of planning must be filed with
the county administrator and with the office or department rendering the decision, determination or
interpretation within thirty (30) calendar days of the decision. Failure to file such appeal shall constitute a
waiver of any rights under this chapter to appeal any interpretation or detennination made by an
administrative official. Such notice shall be accompanied by the names and addresses of the owner,
applicant, property owner, and adjacent property owners. The filing of such notice of appeal will require
the administrative official whose decision is appealed to forward to the commission or board within fifteen
(15) calendar days any and all records concerning the subject matter of the appeal and to send written
notice of the appeal to the owner, applicant, property owner, and adjacent property owners, if different
from the person filing the appeal, within fifteen (15) calendar days of receipt of the notice of appeal.
* * * * *
Section 2. Severability. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 4. Inclusion in 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.
Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida This
ordinance shall be transmitted by the Planning Department to the Department of Community Affairs
pursuant to Chapter 163, Florida Statutes.
Section 6. Effective Date. This ordinance shall take effect immediately upon receipt of official notice from
the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office
and upon approval by the Department of Community Affairs of the State of Florida according to the terms
of the approval.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 19th day of March
, 2008
Mayor Chades "Sonny" McCoy
Mayor Pro Tem Mario DiGenarro
Co;nmissioner Sylvia Murphy
,<~c ," '. ' 'dn'er George Neugent
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Mayor Charles 'Sonny" McCoy
MONROE COUNTY ATTORNEY
APP VEO AS TO FORM:
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S AN M. GRIMSLE
oa~SSI~~AJr~~TY ATTORNEY
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTJ-iOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANT A TION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
CLERK OF THE CiRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
April I, 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 0000 38412440
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 010-2008 amending Section 9.5-45 of the Monroe County Code
concerning Public Notices; providing for severability; providing for repeal of inconsistent
provisions; providing for inclusion in the Code of Ordinances; providing for forwarding to the
Secretary of State and Department of Community Affairs; providing for an effective date.
Ordinance No. 012-2008 amending Section 9.5-521 concerning appeals from
Administrative Actions to change the appeal period from thirty (3) working days to thirty (3)
calendar days; changing the time period for forwarding appeals to the Planning Commission and
mailing notices to other designated persons; providing for severability; providing for repeal of
inconsistent provisions; providing for inclusion in the Monroe County Code of Ordinances;
providing for filing with the Secretary of State and the Department of Community Affairs;
providing an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on March 19, 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 Managemen1
RaCC
County Attorney
File
CHARLIE CRIST
Govemor
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~LORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
April 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 April 1, 2008 and certified copies of Monroe County Ordinance Nos. 010-2008 and 012-
2008, which were filed in this office on April 4, 2008.
Sincerely,
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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 . TDO: 850.922.4085 . bttp:/Idlls.dos.state.fI.us
COMMUNIlY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
8T A IE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
8T A IE ARCmVES 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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PS Form 3800, June 2002
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1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tilllahassee, Florida 32399-0250
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Domestic Return Receipt 102595-02-M-1540
DCA Final Order No.: DCA08-0R-126
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 012-2008
/
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 April 7, 2008, the Department received for review Monroe County Ordinance
No. 012-2008 ("Ord. 012-2008"), adopted by Monroe County on March 19,2008.
3. The purpose ofthe Ordinance is to amend Section 9.5-521 of the Monroe County
Code to change the appeal period from 30 working days to 30 calendar days to reduce the
confusion to the respective parties concerning the calculation of appeal period deadlines for
administrative actions, and to change the transmission and mailing of records and notices
concerning appeal to designated recipients from 5 working day to 15 calendar days.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. ~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2007).
5. Monroe County is a local government within the Florida Keys Area of Critical
DCA Final Order No.: DCA08-0R-126
State Concern. S 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 of land. S 380.031 (8), Fla. Stat. (2007). The
regulations adopted by Ord. 012-2008 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
Communi(y 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. 012-2008 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.
9. Ord. 012-2008 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 012-2008 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.
2
DCA Final Order No.: DCA08-0R-126
DONE AND ORDERED in Tallahassee, Florida.
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 ADMINISTRATNE 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 ADMINISTRATNE CODE. IN AN
INFORMAL ADMINISTRATNE 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 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
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATNE, 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 P1WPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
3
DCA Final Order No.: DCA08-0R-126
--- '---"".-'.-',----,..---.. ""~'.""----"'-._,--
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 correct copies have been furnished
to the persons listed below by the method indicated this IP ti.day of May, 2008.
~d, --f "!4,f
P la on!, Agency Cler -
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
4
DCA Final Order No.: DCA08-0R-126
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
By Hand Deliverv 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
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Email Confirmation
Page 1 of2
FilED FOR RECORD
2009 JAN - 5 AM 10: 50
ANIIY L. KOLHAGE
cue CIR. CT.
r'O,i?GC rOJ.lNTY. Fl A
Municipal Code COrPoration
P.O. Box 2235
1700 Capital Circle SW. (32310)
Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575-8852
infoallmllnicode.com
Monroe County, FL Code of Ordinances - 2008(14298)
Supplement 1
Recorded: 8/1/20088:54:43 AM
We have received the following material through Hard Copy/Electronic.
Document Adoption
Ordinance No. 017-2008 7/16/2008
Ordinance No. 016-2008 7/16/2008
Ordinance No. 026-1999 6/9/1999
Ordinance No. 012-2008 3/19/2008
Ordinance No. 018-2008 8/20/2008
Ordinance No. 030-2008 12/8/2008
If you are sending the ordinances in electronic form and printed form, we assume
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Email Confirmation
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316
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Mr. Danny Kolhage
Clerk of Court
Monroe County, FL (County)
500 Whitehead Street
Suite 101
Key West, Florida 33040
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