Ordinance 027-2001ORDINANCE NO. 027 -2001
AN ORDINANCE AMENDING THE MONROE COUNTY CODE BY
ADDING SEC. 9.5-257.1 THROUGH 9.5-257.5, AND THE
ADDITION OF TEXT TO SEC.9.5-232 THROUGH SEC.9.5-240,
SEC. 9.5-242 THROUGH SEC. 9.5-246, SEC. 9.5-248 THROUGH
SEC. 9.5-251, AND SEC. 9.5-253; PROVIDING FOR THE
SEVERIBILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
THE INCORPORATION INTO THE MONROE COUNTY CODE;
AND DIRECTING THE CLERK OF THE BOARD TO FORWARD A
CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, The Monroe County Board of County Commissioners, during
a regular meeting held on June 20, 2001, conducted a review and consideration
of the proposed text; and
WHEREAS, the Development Review Committee on April 17, 2001,
reviewed the legal authority and the proposed text, and recommended approval
of the proposed text; and
WHEREAS, during a regular meeting held on May 9, 2001, the Monroe
County Planning Commission conducted a public hearing on the proposed text
and recommendations of staff, and recommended approval of the proposed text;
and
WHEREAS, The Monroe County Board of County Commissioners was
presented with the following evidence, which by reference is hereby incorporated
as part of the record of said hearing;
1. Staffs report prepared on April 2, 2001 by Fred Gross, Island Planning Team
Director.
2. Proposed changes to the Monroe County Land Development Regulations
(Exhibit A); and
3. The sworn testimony of the Growth Management Staff; and
4. Comments by the public; and
Page 1 of 6
WAPlanning\Working Folders\Fred Gross\Overlay 257.5\BOCC ORD.doc
WHEREAS, the Monroe County Board of County Commissioners has
made the following Findings of Fact and Conclusions of Law based on the
evidence presented:
1. Policy 101.4.21 of the Monroe County Year 2010 Comprehensive Plan
"Adopts density standards for future land use categories which are shown on
the Future Land Use Map and described in Policies 101.4.1 through 101.4.17
[9J-5.006(3) (c) 7]".
2. No directly corresponding land use designation is assigned to the following
categories: Agriculture (A), Education (E), Institutional (INS), Public Facilities
(PF), Public Buildings (PB).
3. Policy 101.4.21, Notes: (h) of the Monroe County Year 2010 Comprehensive
Plan establishes the legal authority by which these Categories can be
incorporated into appropriate land use districts.
WHEREAS, the Monroe County Board of County Commissioners
examined the proposed amendments to the Monroe County Code submitted by
the Monroe County Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners hereby
supports the decision of the Monroe County Planning Commission and the staff
of the Monroe County Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the County Code be approved,
adopted and transmitted to the state land planning agency for approval; and
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 is hereby amended to include the
following:
Sec. 9.5-257.1 Agricultural/Aquacultural Use Overlay (A)
Any Agricultural and Aquacultural Use identified in the Monroe County Year 2010
Comprehensive Plan as Agriculture (A) and further identified on the Monroe
County Future Land Use Map with a designation of "A" maybe overlaid on any
new or existing land use district. The Use within the overlay district shall be
subject to all land development regulations of the underlying district with the
exception of those regulations controlling Density and Intensity. The Use within
the overlay district shall be developed with the following Density and Intensity
regulations:
Page 2 of 6
Allocated Density
Maximum Net Density
Maximum Intensity
(per acre)
(per buildable acre)
(floor area ratio)
0 du
N/A
0.25
0 rooms/spaces
N/A
Sec. 9.5-257.2 Educational Use Overlay (E)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Education (E) and further identified on the Monroe County Future Land Use Map
with a Designation of "E" may be overlaid on any new or existing land use
district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density
Maximum Net Density
Maximum Intensity
(per acre)
(per buildable acre)
(floor area ratio)
0 du
N/A
0.30
0 rooms/spaces
N/A
Sec. 9.5-257.3 Institutional Use Overlay (INS)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Institutional (INS) and further identified on the Monroe County Future Land Use
Map with a designation of 'INS" may be overlaid on any new or existing land use
district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density
Maximum Net Density
Maximum Intensity
(per acre)
(per buildable acre)
(floor area ratio)
0 du
N/A
0.30
3-15 rooms/spaces
6-24 rooms/spaces
Sec. 9.5-257.4 Public Facilities Use Overlay (PF)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Public Facilities (PF) and further identified on the Monroe County Future Land
Use Map with a designation of "PF" may be overlaid on any new or existing land
use district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
Page 3 of 6
Allocated Density
Maximum Net Density
Maximum Intensity
(per acre)
(per buildable acre)
(floor area ratio)
0 du
N/A
0.25
0 rooms/spaces
N/A
Sec. 9.5-257.2 Educational Use Overlay (E)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Education (E) and further identified on the Monroe County Future Land Use Map
with a Designation of "E" may be overlaid on any new or existing land use
district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density
Maximum Net Density
Maximum Intensity
(per acre(per
buildable acre
floor area ratio
0 du
N/A
0.30
0 rooms/spaces
N/A
Sec. 9.5-257.3 Institutional Use Overlay (INS)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Institutional (INS) and further identified on the Monroe County Future Land Use
Map with a designation of "INS" may be overlaid on any new or existing land use
district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density
Maximum Net Density
Maximum Intensity
(per acre)
(per buildable acre)
(floor area ratio)
0 du
N/A
0.30
3-15 rooms/spaces
6-24 rooms/spaces
Sec. 9.5-257.4 Public Facilities Use Overlay (PF)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Public Facilities (PF) and further identified on the Monroe County Future Land
Use Map with a designation of "PF" may be overlaid on any new or existing land
use district. The Use within the overlay district shall be subject to all land
development regulations of the underlying district with the exception of those
Page 3 of 6
regulations controlling Density and Intensity. The Use within the overlay district
shall be developed with the following Density and Intensity regulations:
Allocated Density
Maximum Net Density
Maximum Intensity
(per acre)
(per buildable acre)
(floor area ratio)
0 du
N/A
0.30
0 rooms/spaces
N/A
Sec. 9.5-257.5 Public Buildings/Grounds Use Overlay (PB)
Any Use identified in the Monroe County Year 2010 Comprehensive Plan as
Public Buildings/Grounds (PB) and further identified on the Monroe County
Future Land Use Map with a designation of "PB" may be overlaid on any new or
existing land use district. The Use within the overlay district shall be subject to all
land development regulations of the underlying district with the exception of
those regulations controlling Density and Intensity. The Use within the overlay
district shall be developed with the following Density and Intensity regulations:
Allocated Density
Maximum Net Density
Maximum Intensity
(per acre)
(per buildable acre)
(floor area ratio)
0 du
N/A
0.30
0 rooms/spaces
N/A
Section 2. Chapter 9.5, Article VII Division 2 is hereby amended to include the
following:
(Underlined text is new):
Sec. 9.5-232. Urban Commercial District (c) Major Conditional Uses:
(8) Land Use Overlays A, E, PF subiect to provisions of Sec 9 5-257
Sec. 9.5-233. Urban Residential District (c) Major Conditional Uses:
(4) Land Use Overlays A. E PF subiect to provisions of Sec 9 5-257
Sec. 9.5-234. Urban Residential Mobile Home District (b) Major Conditional Uses:
(5) Land Use Overlays A. E PF subiect to provisions of Sec 9 5-257
Sec. 9.5-235. Sub Urban Commercial District (c) Major Conditional Uses:
(9) Land Use Overlays A, E PF subiect to provisions of Sec 9 5-257
Sec. 9.5-235.1 Urban Residential Mobile Home -Limited District (b) Major Conditional
uses:
(4) Land Use Overlays A. E INS PF PB subiect to provisions of Sec 9 5 257
Page 4of6
Sec. 9.5-236. Sub Urban Residential District (c) Major Conditional Uses:
(9) Land Use Overlay E, subiect to provisions of Sec. 9.5-257
Sec. 9.5-237. Sub Urban Residential -Limited District (b) Major Conditional Uses:
(2) Land Use Overlays A. E, INS, PF subiect to provisions of Sec 9 5-257
Sec. 9.5-238. Sparsely Settled District (c) Major Conditional Uses:
(7) Land Use Overlays E INS subiect to provisions of Sec 9 5-257
Sec. 9.5-239. Native Area District (c) Major Conditional Uses:
(6) Land Use Overlays INS, PF subiect to provisions of Sec 9 5-257
Sec. 9.5-240. Mainland Native District
(c) The following use is permitted as a maior conditional use subiect to the standards
and procedures set forth in article III division 3:
(1) Land Use Overlays A, INS, PF PB subiect to provisions of Sec 9 5-257
Sec. 9.5-242. Improved Subdivision District (d) Major Conditional Uses:
(3) Land Use Overlays A, INS, PF subiect to provisions of Sec 9 5-257
Sec. 9.5-243. Destination Resort District (c) Major Conditional Uses:
(5) Land Use Overlays A. E INS PF PB subiect to provisions of Sec 9 5-257
Sec. 9.5-244. Recreational Vehicle District (c) Major Conditional Uses:
A Land Use Overlays A. E INS PF subiect to provisions of Sec 9 5-257
Sec. 9.5-245. Commercial Fishing Area District (f) Major Conditional uses:
(4) Land Use Overlays A, E, INS PF PB subiect to provisions of Sec 9 5-257
Sec. 9.5-246. Commercial Fishing Village District (c) Major Conditional Uses:
(2) Land Use Overlays A, E, INS, PF PB subiect to provisions of Sec 9 5-257
Sec. 9.5-248. Mixed Use District (c) Major Conditional Uses:
(12) Land Use Overlays A. E, PF subiect to provisions of Sec 9 5-257
Sec. 9.5-249. Industrial District (c) Major Conditional Uses:
(4) Land Use Overlays A, E, PF subiect to provisions of Sec 9 5-257
Sec. 9.5-250. Maritime Industry District (c) Major Conditional Uses:
(4) Land Use Overlays A. E, PF, subiect to provisions of Sec 9 5-257
Sec. 9.5-251. Military Facilities District (c) Major Conditional Uses:
(3) Land Use Overlays A, E, PF subiect to provisions of Sec 9 5-257
Sec. 9.5-253 Parks and Refuge District (c) Major Conditional Uses:
(2) Land Use Overlays A, E INS PF subiect to provisions of Sec 9 5-257
Page 5 of 6
Section 3. If any section, subsection, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such validity.
Section 4. This ordinance shall be filed in the Office of the Secretary of State
of Florida, but shall not become effective until a notice is issued
by the Department of Community Affairs or Administrative
Commission approving the ordinance.
Section 5. This ordinance shall be transmitted by the Planning Department to
the Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the isth day of July ,
A.D., 2001.
Mayor George Neugent yes
Mayor Pro Tern Nora Williams yes
Commissioner Charles "Sonny" McCoy yes
Commissioner Murray Nelson yes
Commissioner Dixie Spehar „—
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA47
Mayor George Neugent
ANNY KOHLAGE, CLERK
TY CIfERK
Co
APP OVED AS TO FORM
AND L SUFFIC Cy
BY
Attorneys Office
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Page 6 of 6
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
MONROE COUNTY COURTHOUSE
3117 OVERSEAS HIGHWAY
500 WHITEHEAD STREET
MARATHON, FLORIDA 33050
KEY WEST, FLORIDA 33040
TEL. (305) 289-6027
TEL. (305) 292-3550
FAX (305) 289-1745
FAX (305) 295-3663
August 7, 2001
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
lra Certified Mai[ 7099 3400 0005 9118 6589
Dear Mrs. Cloud,
Enclosed please a find certified copies of the following Ordinances:
Ordinance No. 027-2001 amending the Monroe County Code by adding Sec. 9.5-257.1
through 9.5-257.5, and the addition of text to Sec. 9.5-232 through Sec. 9.5-240, Sec. 9.5-242
through Sec. 9.5-246, Sec. 9.5-248 through Sec. 9.5-251, and Sec. 9.5-253; providing for the
severability; providing for the repeal of all Ordinances inconsistent herewith; providing for the
incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a
certified copy of this Ordinance to the Florida Department of Community Affairs and providing an
effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on July 18, 2001. Please file for record.
Ordinance No. 028-2001 amending Section 6-40 (d)(2) and Section 6-40 (d)(2), Monroe
County Code; establishing.120,day active period for permits after issuance and prior to work
started; amending extension period for inactive permits from 60 days to 120 days provided that
the extension is prior to permit becoming inactive; providing for repeal of all Ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing for an effective date.
August 7, 2001
Ordinance 027-2001 to 029-2001
Ordinance No. 029-2001 creating Section 6-32; establishing requirement that any parcel
with an unlawful use or improvement shall be brought into code compliance prior to the issuance
of a building permit; providing exceptions to address risks to property and public health and
safety, providing for repeal of all Ordinances inconsistent herewith; providing for incorporation
into the Monroe County Code of Ordinances; and providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on July 19, 2001. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of Cou Cominissio ers
by:
Pamela G. Hancock, Deputy Clerk
Cc: County Administrator w/o documents
Growth Management
County Attorney
BOCC
File ✓
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Mrs. Liz Cloud_
Postage
(Ordinances 027 to 029)_
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Bureau of Administrative- Code__&__ Laws------
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■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your 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 the front if space permits.
Article Addressed to:
Mrs. Liz Cloud
Bureau of Administation Code
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Ordinances 027 to 029)
2. Arti-'
PS Foi
A. Received by (Please Print Clearly) I B. Date of Delivery
C. Signature_,
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If YES, enter delivery address below: ❑ No
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2595.00-M-0952
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
August 10, 2001
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Ilillsborough County
Preservation Board
RINGLING MUSEUM OF ART
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated August 7, 2001 and certified copies of Monroe County
Ordinance Nos. 027-2001 through 029-2001, which were filed in this office on
August 9, 2001.
LC/mp
Sincerely,
UZ4_X&
Liz Cloud, hief
Bureau of Administrative Code
r `r
_n
>'
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building • 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (850) 488-8427
FAX: (850) 488-7869 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail. dos. state.fl.us
DCA Final Order No.
DCA0I-OR-143
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
-.
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REGULATIONS ADOPTED BY
or' ,.
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MONROE COUNTY ORDINANCE NO. 027-2001
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FINAL ORDE
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ThP ?7Pnartmant of CcnL,:r.unity � ,f airs (th6 "Department") hereby issues its Final
w
Order,
-10
pursuant to §§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat. (2000), approving
Monroe County Ordinance No. 027-2001 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 10, 2001, the Department received for review Monroe County Ordinance
No. 027-2001 which was adopted by the Monroe County Board of County Commissioners on
July 18, 2001 ( "Ord. 027-2001 "). Ord. 027-2001 creates Zoning District Overlays for several
land uses which had never had corresponding zoning districts created. The new zoning districts
are: Agriculture (A), Education (E), Institutional (I), Public Facilities (PF), and Public Buildings
(PB).
3. Ord. 027-2001 is consistent with the County's 2010 Comprehensive Plan.
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
DCA Final Order No. DCA01-OR-143
State Concern. §§ 380.05(6) and (11), Fla. Stat., and § 380.0552(9), Fla. Stat. (2000).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552, Fla. Stat. (2000) and Rule 28-29.002 (superseding Chapter 2717-8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the develop.-n. nt �;f iaixii. § 3ov.v"3i(8), Fia. Stat. (2000). The regulations
adopted by Ord. 027-2001 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"). § 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: § 380.0552(7), Fla. Stat. (2000).
8. Ord. 027-2001 promotes and furthers Principle, §380.0552(7)(a), Fla. Stat. (2000): 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.
9. Ord. 027-2001 is not inconsistent with the remaining Principles. Ord. 027-2001 is
consistent with the Principles for Guiding Development as a whole.
2
DCA Final Order No. DCA0I-OR-143
WHEREFORE, IT IS ORDERED that Ord. 027-2001 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.
DQ?`EE AND ORDERED in T a lahassee,
iv
Divi 'on f Corn unit lanning
Department of Co unit Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE 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
N
DCA Final Order No. DCA0I-OR-143
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
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. DCAOI-OR-143
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 67"—day of September, 2001.
i it
Honorable George Neugent
Mayor of Monroe County
500 Whitehead Street
Key W st, Florida 33040
Danny I, Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key We 3t, Florida 33040
Timothy J. McGarry, AICP -
Director Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Michael
Rebecca
Richard
Paula Ford, Agency Clerk
gcDaniel, Growth Management Administrator, DCA Tallahassee
fetton, DCA.Florida Keys Field Office
�. Lotspeich, Assistant General Counsel; DCA Tallahassee
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