Ordinance 015a-2008
June 23, 2008
*
ORDINANCE NO. 015a- 2008
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS EXTENDING INTERIM
DEVELOPMENT ORDINANCE NO. 017-2005; ADOPTING AN
INTERIM DEVELOPMENT ORDINANCE DEFERRING THE
ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR THE
REDEVELOPMENT AND CONVERSION OF MARINE FACILITIES,
INCLUDING COMMERCIAL MARINAS AND THE WORKING
WATERFRONT, UNTIL NECESSARY COMPREHENSIVE PLAN
AMENDMENTS ARE DRAFTED AND EFFECTIVE; PROVIDING
FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY AND
REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (DCA) AND THE SECRETARY OF STATE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR AN
EXPIRATION DATE
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY MAKES THE
FOLLOWING FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. The Board of County Commissioners (Board or BOCC) at its meeting of August 18, 2004,
directed staff to have a public water access and marine facilities plan prepared for Monroe
County.
2. The Board of County Commissioners discussed a policy of "No Net Loss" of working
waterfront or public access to the water at its December 16, 2004 meeting.
3. Monroe County has experienced the loss of working waterfront and the loss of public access
to the water due to the redevelopment of marine facilities, including commercial marinas, and the
working waterfront, including boat yards, wet and dry storage, fish houses and commercial
fishing vessel dockage, at an unprecedented rate.
4. Further loss of working waterfront and public access in the County is and will be detrimental
to the economic and social well being and the health, safety, and welfare of the citizens of the
County.
5. If the 2010 Comprehensive Plan (Plan) and Land Development Regulations are not amended
to control certain conversions and redevelopment, future losses of working waterfront and public
access will negatively affect the economy and bring an end to critical marine services (e.g. boat
yards), commercial marinas that are available to the public, and traditional trades associated with
commercial fishing.
6. Preserving the status quo for a temporary period of time will prevent re-development that
could be inconsistent with the Plan and/or with pending changes to the Plan or land development
regulations.
7. A number of owners of waterfront properties are exploring the possible change of use of their
property to private residential uses and private exclusive use of dockage which will further
Page 10f7
June 23, 2008
decrcase the public water acccss and/or working watcrfront.
8. Goal 212 of the Plan directs the County to prioritize shoreline land uses and establish criteria
for shoreline development in order to prescrve and enhance coastal resources and (0 ensure the
continued economic viability of the County.
9. Goal 213 of the Plan directs the County to ensure adequate public access to the beach or
shoreline.
10. Objective 502.1 of the Plan directs the County to promote the preservation and enhancement
of the existing ports and port related activities.
II. The acceptance or processing of development applications during the tenn of this ordinance
would result in confusion for property owners, inefficiencies in governmental services, and
potentially redundant review processes and may unreasonably affect the expectations of property
owners.
12. The approval of development applications for conversions and redevelopment may result in
the continued and irreversible loss of public access and working waterfront.
13. The exemption of certain uses and development activities, as provided herein, advances the
intent of this Ordinance and will not diminish public access or further the loss of working
waterfront.
14. The County recognizes the need to amend comprehensive plan and land development
regulations and programs to preserve marine facilities including commercial marinas that offer
public water access and provide for working waterfront.
IS. The Board at its meeting of January 19, 2005, voted to contract with the South Florida
Regional Planning Council to prepare the public water access and marine facilities plan and
implementation measures including Plan amendments and Land Development Regulations.
16. The County has committed necessary staff and resources to the development of these policies
and regulations.
17. The Board at a regular meeting on January 19, 2005, directed staff to prepare an ordinance
deferring acceptance of applications for redevelopment of marine facilities including commercial
marinas and the working waterfront (boat yards, wet and dry storage, fish houses and commercial
fishing vessel dockage) that would diminish public access or result in the loss of working water
front, while staff prepared amendments to the Plan and Land Development Regulations.
18. Following direction of the Board, the Growth Management Division staff immediately
undertook the development of an Interim Development Ordinance and preparation of a contract
for the development of a public water access and marine facilities plan and implementation
measures including Comprehensive Plan and Land Dcvelopment Regulations.
19. Interim Development Ordinance (IDO) No. 017-2005 was enacted on July 20, 2005, and
extended until July 10, 2007 by Resolution 241-2006 and until July 9, 2008 by Resolution 265-
2007.
20. The Board adopted the Marine Management Strategic Plan on March 15,2006.
21. On April 30,2007 the South Florida Regional Planning Council completed the Working
Waterfront Preservation Master Plan.
22. During the time the IDO was effective, planning staff prepared, Planning Commission
Page 2 of7
June 23, 2008
reviewed, and the Board approved Plan amendments that were transmitted to the Department of
Community Affairs (DCA) on September 19, 2007.
23. Following the receipt of Objections, Recommendations and Comments from the DCA dated
December 7, 2007, planning staff revised the proposed Plan amendments and the Board adopted
amendments on February 4, 2008.
24. The DCA by Notice of Intent (NO!) dated March 31, 2008, found five of the provisions
which would most significantly affect development to be "Not in Compliance" (policy 101.4.7,
Policy 101.4.21, Policy 212.5.4, Policy 219.1.1 and Policy 219.1.2).
25. The Nor triggered further administrative processes, including but not limited to, mediation,
conciliation and settlement discussions, and hearings with the DCA and other affected parties,
along with enacting land development regulations, all of which will likely take up to a year to be
presented to the BOCC for adoption.
26. The legislation concerning the working waterfront Plan amendments is still in progress and
drafting ofIand development regulations is underway.
27. This Interim Development Ordinance and the amendments to the Plan and land development
regulations are necessary to protect the health, safety, and general welfare of the public and to
advance the policies set forth in the Plan.
28. The utilization of the moratorium device as a temporary measure to facilitate government
decision making, study and adoption of comprehensive plan and 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.
29. The County finds that it is necessary to enact an Interim Development Ordinance to continue
to defer the acceptance of development applications that seek development approval for the
redevelopment of waterfront properties that could result in the loss of public water access and
working waterfront.
30. Chapter 125, F.S. authorizes the Board to adopt ordinances to provide standards protecting
against imminent and immediate threat to the health, safety and welfare of the citizens of Monroe
County.
31. The County frods that a six (6) month deferment of development applications and approvals
as provided herein is reasonable and is the minimum necessary to protect the health, safety, and
general welfare of the citizens of the County and to implement the Plan.
32. The temporary deferral of development applications and approvals, as provided herein, is !lot
intended nor shall it be construed to inhibit the existing lawful use of properties in accordance
with the Comprehensive Plan and land development regulations.
33. This Interim Development Ordinance constitutes a valid exercise of the County's police
power and is otherwise consistent with Section 163.316, et seq., F.S., which, inter alia,
encourages the use of innovative land use regulations including provisions such as moratoria to
implement the adopted comprehensive plan.
34. On May 20, 2008, the Planning Commission held a properly noticed public hearing and
found the draft Interim Development Ordinance to be consistent with the adopted Plan.
35. On May 23,2008, and on June 18,2008, the Board reviewed and considered the extension of
Ordinance No. 017-2005 and adoption of this Interim Development Ordinance.
Page 3 of7
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Findings. The above Findings of Fact and Conclusions of Law are hereby adopted
and incorporated by reference hcrein as the factual basis which necessitates this action.
June 23, 2008
OF COUNTY
Section 2. Purpose and Intent. The purpose of this Interim Development Ordinance is to
continue to implement the Board's intent to temporarily limit further redevelopment and
conversion of marine facilities that result in the loss of working waterfront and diminish public
access to the water, in order to implement the Commission's policy of "no net loss" of working
waterfront and public water access to marine facilities while the County and other affected
persons continue the administrative process triggered by the NOr. Pursuant to its lawful
authority and the pending legislation doctrine as set forth in Smith v. Citv of Clearwater, 383
SO.2d 681 (Fla. 2d DCA, 1980) the Board hereby establishes the interim development
regulations set forth in this Ordinance, which shall remain in full force and effect until the
expiration of this legislation.
Section 3. Definitions. As used in this Ordinance, the following terms shall have the
definitions provided [unless the context clearly provides otherwise]:
a. "Commercial marina" shall mean any facility or facilities, having three or more slips, docks,
or docking spaces, conducting business involving the sale, repair, rental, storage, and servicing
of boats, and including accessory retail uses. The term includes a licensed commercial facility
which provides secured public moorings or wet storage for private pleasure vessels or
commercial vessels on a leased basis. The term does not include privately owned individual
berths or docks accessory to land based dwelling units.
b. "Existing structures and uses" shall mean a structure in existence as of February 28, 2005, and
the customary and regular uses of that structure up to and including February 28,2005.
c. "Marine facility" shall mean commercial marinas, the working waterfront, boat ramps, and
any other locations that provide public access to the navigable waters of the state.
d. "Public access" shall mean the ability of the public to physically reach, enter, or use beaches
and shores. The term shall have the same meaning as defined in Rule 9J-5.003(97), Florida
Administrative Code.
e. "Working waterfront" shall mean a parcel or parcels of real property that are used for water
dependent boat yards, wet storage of boats and vessels, commercial fish houses (fish landings,
processing and packaging) and commercial fishing vessel dockage. The term does not include
commercial marinas providing dockage for pleasure watercraft.
f. "Water-dependent uses" shall mean activities which can be carried out only on, in or adjacent
to water areas because the use requires access to the water body for water borne transportation,
including ports or marinas, and recreation. The term shall have the same meaning as defined in
Rule 9J5-003(137), Florida Administrate Code.
Page 4 of7
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g. "Water-enhanccd uses" shall mean activities that are not water-dependent uses but benefits
economically or aesthetically by its location adjacent to or on the waterfront. The term includes
dock side bars, restaurants, hotels, motels, and residential uses.
Section 4. Deferred Action. Staff is directed to continue to defer the following from the date of
March 1,2005, as prescribed in Ordinance 017-2005, until the expiration of this IDO:
a) Accepting or processing development applications relating to redevelopment
or conversion of existing uses and structures for:
(1) any change of use of a commercial marina from a water-dependent use to
a water-enhanced or a non-water-dependent use;
(2) any division of uplands and/or bay bottom of existing marine facilities
into individual parcels regardless of type of ownership;
(3) any modification, improvements or expansions of existing marine
facilities which would diminish public access or result in a loss of working
waterfront; and
(4) any change of use of a parcel of parcels of working waterfront that results
in new permanent market-rate residential structures or transient development.
b) Issuance of building permits for redevelopment or conversion of existing uses
and structures for:
(1) any change of use of a commercial marina from a water-dependent use to
a water-enhanced or a non-water-dependent use;
(2) any division of uplands and/or bay bottom of existing marine facilities
into individual parcels regardless of type of ownership;
(3) any modification, improvements or expansions of existing marine
facilities which would diminish public access or result in a loss of working
waterfront; and
(4) any change of use of a parcel of parcels of working waterfront that results
in new permanent market-rate residential structures or transient development.
c) Issuance of development orders and development permits of existing uses
and structures for:
(1) any change of use of a commercial marina from a water-dependent use to
a water-enhanced or a non-water-dependent use;
(2) any division of uplands and/or bay bottom of existing marine facilities
into individual parcels regardless of type of ownership;
(3) any modification, improvements or expansions of existing marine
facilities which would diminish public access or result in a loss of working
waterfront; and
(4) any change of use of a parcel of parcels of working waterfront that results
in new permanent market-rate residential structures or transient development.
Page 5 of7
May L, LUUl:J
Section 5. Moratorium. During the time this ordinance is in effect as specified herein, therc
shall be a moratorium upon the issuance of building permits, acceptance of development
applications or issuance of development orders and dcvelopment pennits within unincorporated
Monroe County concerning the redevelopment or conversion of existing uses and structures related
to marine facilities, including commercial marinas and the working waterfront, that result in
diminished public water access or loss of working waterfront, except as provided herein.
Section 6. Development Allowed. During the period that these Interim Regulations are in effect,
notwithstanding any other provisions oflaw the following development is allowed:
(a) The holder of a Conditional Use Permit issued prior to the effective date of this
Ordinance shall be entitled to develop according to the provisions of the Conditional Use
Pennit.
(b) None of the restrictions set forth in this Ordinance shall prevent issuance of a permit for
general maintenance, repair and/or safety improvements, nor for any modifications,
improvement or expansion to an existing marine facility that does not diminish public access
and does not result in the loss of working waterfront;
(c) None of the restrictions set forth in this ordinance shall apply to an application for a
building permit or development approval for any development or redevelopment submitted
to the County on or before February 28, 2005; however other restrictions in the land
development regulations or the development approval may apply.
(d) None of the restrictions set forth in this ordinance shall apply to an application for a
building permit or development approval for any development or redevelopment that is
otherwise allowed pursuant to the Monroe County Land Development Regulations and the
2010 Comprehensive Plan.
Section 7: Preparation of Documents. The County Attorney and the Growth Management
Division are directed to begin immediately preparing the necessary documents in order to address
the Comprehensive Plan amendments that deal with the issues of redevelopment and conversion of
marine facilities and working waterfront that are or may be the subject of the proceedings with
DCA and the Division of Administrative Hearings and any land development regulations made
necessary by those amendments.
Section 8. Severability. If any section, subsection, sentence, clause, item, charge or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 9. Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 10. Transmittal to DCA. The ordinance is hereby transmitted to the Florida Department
of Community Affairs pursuant to Chapter 380, Florida Statutes and the DCA is requested to review
and approve it by an expedited Immediate Final Order in accordance in recognition of the public
importance of retaining the working waterfront, marine facilities, and public access to the
waterfront, and to prevent the threat of further loss thereof as "an immediate danger to the public
health, safety, or welfare".
Page 6 oI7
May L, LUUt!
Section 11. 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 DCA or
Administration Commission approving the ordinance pursuant to Florida Statutes, Chapter 380.
Section 12. Expiration. This ordinance shall stand repealed as of II :59 p.m. on the 183rd day
after the effective date of the Ordinance, unless repealed sooner by the Board, or upon the adoption
of amendments to the Plan and land development regulations addressing public water access and
marine facilities.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the 18th day of June ,2008.
Mayor Mario DiGennaro
Mayor Pro Tem Charles McCoy
Commissioner Sylvia J. Murphy
Commissioner George Neugent
Commissi ner Dixi: ~~,
Yes
Yes
Yes
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.. · 'NY L. KOLHAGE, CLERK
Mayor Mario DiGennaro
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DEPUTY CLERK
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Page 70f7
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARA THON SUB COURTHOUSE
31170VERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROA D
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
July 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 700725600001 61070228
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance No. 015a-2008 extending Interim Development
Ordinance No. 017-2005; Adopting an Interim Development Ordinance deferring the acceptance
of Development Applications for the Redevelopment and Conversion of Marine Facilities,
including commercial marinas and the working waterfront, until necessary Comprehensive Plan
Amendments are drafted and effective; Providing for exemptions; Providing for severability and
repeal of inconsistent provisions; Providing for transmittal to the Florida Department of
Community Affairs (DCA) and the Secretary of State; Providing for an effective date; Providing
for an expiration date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on June 18,2008. 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: Isabel C. DeSantis, D. C.
cc:
Via E-Mail to the following:
Growth Management
BOCC
County Attorney
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pregram Administrator
Administrative code and Weekly
R.A. Gray Building
500 south Bronaugh Street
Tallahassee. Florida 32399-0250
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CHARLIE CRIST
Governor
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~LORlDA DEPARTMENT at STAT~
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
July 8, 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. Kolhag(::
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated July 1, 2008 and certified copy of Monroe County Ordinance No. 015a-2008, which was
filed in this officc: on July 7, 2008.
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Sincerely,
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DIRECTOR'S OFFICE
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COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
8T A TE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
81 A TE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LffiRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORpS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850,245.6270 . FAX: 850.245.6282
DCA Final Order No.: DCA08-0R-284
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO, 015a-2008
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380,05(6), Fla, Stat" and S 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 August 19, 2008, the Department received for review Monroe County
Ordinance No. 015a-2008 ("Ord. 015a-2008"), adopted by Monroe County on June 18,2008,
3. The purpose of the Ord. 015a-2008 is to extend Interim Development Ordinance
No. 017-2005 originally enacted on July 20,2005, extended until July 10, 2007, by Resolution
241-2006, until July 9,2008, by Resolution 265-2007, and to expire on the 183rd day after the
effective date of the Ordinance, unless repealed sooner, or upon the adoption of Comprehensive
Plan amendments and land development addressing public water access and marine facilities.
4. On January 19,2005, the Monroe County Board of County Commissioners voted
to contract with the South Florida Regional Planning Council to prepare the public water access
and marine facilities plan and implementation measures including comprehensive plan
amendments and land development regulations. On April 30, 2007, the South Florida Regional
Planning Council completed the Working Waterfront Preservation Master Plan.
DCA Final Order No.: DCA08-0R-284
5. On September 19,2007, Monroe County approved Comprehensive Plan
amendments that were found in part to be "Not in Compliance" and are the subject of ongoing
administrative proceedings, settlement discussions, and hearings with the Department and other
affected parties.
6. The Interim Development Ordinance and the amendments to the Comprehensive
Plan and land development regulations are necessary to protect the health, safety, and general
welfare ofthe public and to advance the policies set forth in the Working Waterfront
Preservation Master Plan.
CONCLUSIONS OF LAW
7. 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. S 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat. (2007).
8. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. S 380.0552, Fla. Stat. (2007) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
9. "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. 015a-2008 are land development regulations.
10. 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.
11. Ord. 015a-2008 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
DCA Final Order No.: DCA08-0R-284
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.
(g) To protect the historical heritage ofthe Florida Keys.
(I) To protect the public health, safety, and welfare of the citizens
ofthe Florida Keys and maintain the Florida Keys as a unique
Florida resource.
12. Ord. 015a-2008 is consistent with the Principles for Guiding Development asa
whole.
WHEREFORE, IT IS ORDERED that Ord. 015a-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.
Ci , 1~ JJJi1... 1(/)-1<4
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.
3
DCA Final Order No.: DCA08-0R-284
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.
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
4
DCA Final Order No.: DCA08-0R-284
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 ~y of October, 2008.
M_4k,.{~
ll- -~> Paula Ford, Age Clerk
Bv U.S. Mail:
Honorable Mario DiGennaro
Mayor of Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 210
Marathon, Florida 33050
Danny L. Ko1hage
Clerk to the Board of County Commissioners
500 Whiiehead 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