Ordinance 028-2001
028
ORDINANCE NO, 2001
AN ORDINANCE 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
EXTEN~ION 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.
WHEREAS, Section 6-40, Monroe County Code ("MCC") and Chapter 9.5,
MCC, requires that work authorized by an issued building permit must begin within a 60
day period or the permit automatically expires; and,
WHEREAS, Section 6-40 (d)(2), MCC, provides that a permit holder may obtain
at no cost a one-time 60 day extension prior to work starting; and,
WHEREAS, Section 6-40 (e)(2), MCC, provides that a permit may obtain at no
cost a one-time 60 day extension within 60 days of the permit becoming inactive; and,
WHEREAS, the Building Department continuously must respond to requests for
such one-time only extensions, which needlessly burdens the staff in administratively
responding to such requests; and,
WHEREAS, amending the existing language of Section 6.40 (d)(2) to extend the
time that work authorized by an issued building permit must start from 60 to 120 days
will more efficiently meet the intent of the Code to ensure permitted work is begun in an
expeditious manner; and,
WHEREAS, amending the existing language of Section 6.40 (e)(2) to only allow
a free, 120 day one-time extension prior to the permit becoming inactive will assist the
staff in more efficiently meeting its responsibilities and serve its customers; and,
WHEREAS, the County Growth Management staff has prepared revisions to
Section 6-40 (d) (2), and Section 6-40 (e)(2), MCC, to extend the subject time periods.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The existing heading to Section 6-40 (d)(2) MCC, is hereby amended
to read as follows:
(2) In the event that he work outlined on the permit has not begun withir!,ne-
hundred twenty (120) days of the effective date of the permit, the ~ermit
shall automatically expire. The new application fee and total permit fee
already paid shall not be refunded. Upon expiration, any future activity
shall require a new application along with all appropriate fees, as well as
C:\DOCUM ENT\BOCC\modify640( d)(2) .doc
Page 1 of 3
a valid allocation award in accordance with the Dwelling Unit Allocation
Ordinance,
Section 3. The existing heading to Section 6-40 (e)(2) MCC, is hereby amended
to read as follows:
(2) Any permit whose progress fails to meet the "required inspection within
one hundred twenty (120) days" requirement shall become inactive; and
any further activity shall require submission of a permit reactivation
application and payment of any applicable fees, to reactivate the permit.
Any inactive permit which is not reactivated within one (1) year of the last
approved, required, inspection, shall automatically expire; thereafter, any
future activity shall require a new application, payment of appropriate
fees, and issuance of a valid allocation award, in accordance with the
Dwelling Unit Allocation Ordinance, However, at any time prior to the
permit becoming inactive for failure to the meet the "required inspection
within the one hundred twenty (120) days" requirement, the permit shall
be extended upon the written request of the permit holder, without
charge, for one additional period of one hundred twenty (120) days. In
addition, an inactive permit may be reactivated and extended, prior to
expiration for a single, one-time only, one hundred twenty (120) day
period upon payment of a one hundred dollar ($100.00) reactivation fee,
Within sixty (60) days after reactivation of the permit, the work in place is
subject to such inspection(s) as the building official may deem necessary
to determine the current condition of any work, which may have
deteriorated during the period of inactivity, and progress of the work
including any corrective ordered by the building official, must resume.
The applicant for reactivation and 120-day extension of the inactive
permit must sign an acknowledgment that upon reactivation of the permit,
no further extension, renewal or reactivation will be granted and that if the
permit expires, the property owner shall be required to comply with the
nuisance abatement provisions of the Code or the work in place will be
demolished. The provisions of this section apply to the permittee, any
applicant for reactivation of an inactive permit, and successive owners of
the property which is the subject of the permit.
Section 4. 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 5. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 6. The provisions of this ordinance shall be include and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 7. This ordinance shall take effect immediately upon receipt of the
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
C:\DOCUMENT\BOCC\modify640( d)(2) .doc
Page 2 of 3
Section 8. The Clerk of the Board is hereby directed to forward a copy of this
Ordinance to Municipal Code Corporation for incorporation into the Monroe County Code
of ordinances.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the -1.2.tDay of July, AD, 2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
yes
yes
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~RgN OF COUNTY COMMISSIONERS
~ROE COUNTY, FLORIDA
By Ere ~
Mayor/Chairman
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KEt\'JWEST
ITIZEN ~ zi.2.Oo I
3420 Northside Drive
Office 305-294-6641 Fax 305-294-0768
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, being a legal notice in the matter of
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In the Court, was published in said newspaper in the issues of
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Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publicati in the sa' newspaper.
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NOTICE Of IN1'ENTION TO
CONSIDeR AoOP1'IONOF
COUNT'/OADItfANCE
. .....
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Thursday; July 19, 2001, at 10:30
AM at the Harvey Government Cen-
ter- Truman School, 1200 Truman
Avenue, Key West, Monroe County,
Florida. the Board of County Com-
missioners of Monroe County,Aori-
da, intends to consider the adoption
of the following County ordinance:
AN ORDINANCE AMENDING SEC-
TION 6-40(d)(2) AND SECTION 6-
40(d)(2)(e), MONROE COUNTY
CODE; ESTABLISHING 120 DAY
ACTIVE PERIOD FOR PERMITS
AFTER ISSUANCE AND PRIOR TO
WORK STARTED; AMENDING EX.
TENSION PERIOD FOR 'INACTIVE
PERMITS FROM 60 DAYS TO 120
DAYS PROVIDED THAT THE EX-
TENSION IS PRIOR TO PERMIT
BECOMING INACTIVE; PROVID-
ING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FQR IN-
CORPORATION INTO THE MON-
RO~ COUNTY CODE OFORDI.
NP:N~ES; AND PROVIDINGANEF.
-,o"v~1 ; FeCTIVEDATE '
Pursuant to Sectlori286.0105,Aori-
da Statutes,' notice Is 'given that If a
person decided to appeal any deci-
sion made by the Board with respect
to any matter considered at such
hearings ,or meetings, he wiD need a
record of the proceedings, and that,
for such purpose, 'he may need to
ensure that a verbatim record of the
proceedings is made, which record
includes the testimony and evidence
up()n' which the appeal is to be
based.
Copies 'of the above-referenced ordi-
nance are available for review at the
variol.lS public Iibrarfesin Monroe
County, Florida.
Dated at Key West, Florida, this
22nd day of June, 2001
DANNY L KOLHAGE, Clerk of the
Circuit Court and ex..offlcio Clerk of
the Board of County Commissioners
of Monroe County, Florida.
June 29 & July 6, 2001
fJ1;)
3420 Northside Drive
KE~ESTCJ. 02.8. ZA. "I
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Key West Fl.
Office 305-294-6641 Fax 305-294-0768
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, being a legal notice in the matter of
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Court, was published in said newspaper in the issues of
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Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publicati in the s' ne spaper.
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NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
couron OROINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Thursday, July 19, 2001, at 10:30
AM at the Harvey Government Cen-
ter - Truman School, 1200 Truman
Avenue; Key West, Monroe County,
Florida, the Board of County Com-
missioners of Monroe County, Flori-
da, intends to consider the adoption
of the following County ordinance:
AN ORDINANCE AMENDING SEC-
TION 6-40(d)(2) AND SECTION 6-
4O(d)(2)(e), MONROE COUNTY
CODE; ESTABLISHING 120 DAY
ACTIVE PERIOD FOR PERMITS
AFTER ISSUANCE AND PRIOR TO
WORK STARTED; AMENDING EX-
TENSION PERIOD FOR INACTIVE
PERMITS FROM 60 DAYS TO 120
DAYS PROVIDED THAT THE EX-
TENSION IS PRIOR TO PERMIT
BECOMING INACTIVE; PROVID-
ING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR IN-
CORPORATION INTO THE MON-
ROE COUNTY CODE OF ORDI-
NANCES; AND PROVIDING AN EF-
FECTIVE DATE
Pul:$Uant to Section 286.0105, Flori-
da Statutes, notiCe is given that if a
pereon decided to appeal any deci-
sion'made by the Board with respect
to ,any matter considered at such
hearings or meetings, he will need a
record of the proceedings, and that,
for such purpose, he may need to
ensure that a verbatim record of the
proceedings i\i made, which record
includes the testimony and evidence
upon which the appeal is to be
based,
Copies of the above-referenced ordi.
nanca are available for review at the
various public libraries in Monroe
Col,Inty ,Florida,
oe.d at Key Wellt, Florida, this
22nd dr1t'/ of June. 2001
DANNY L. KOLHAGE. Clerkof1he
Circuit Court and ex-offtcIo CIertt 01
the Board of County Commissioners
of Monroe CountY, Florida,
June 29 & July 8. 200-1
No. 5460500
NOTICE OF INTENTION
TO CONSIDERADOP-
TION OF COUNTY OR-
DINANCE
NOTICE IS HEREBY
GIVEN TO WHOM IT
MAY CONCERN that on
Thurseay, July 19, 2001,
at 10:30 AM at the Har-
vey Government Center -
Truman School, 1200
Truman Avenue, Key
West, Monroe County,
Florida, the Board of
-C--ounfY---COmmissioners
of Monroe County, Flori-
da, intends to consider
the adoption of the fol-
lowing County ordi-
nance:
PORTER
P.O. Box 1197. Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
personally appeared JACKL YN HARDER
who on oath, says that she is ASSOCIATE
PUBLISHER of THE REPORTER, a weekly
newspaper entitled to publish legal
advertising published at Tavernier,
Monroe County, Florida: that the attached
copy of advertisement, being LEGAL
NOTICE in said newspaper in the issue of:
AN ORDINANCE
AMENDING SECTION
6-40(d)(2) AND SEC-
TION 6-40(d)(2)(e),
MONROE COUNTY
CODE; ESTABLISHING
120 DAY ACTIVE PERI-
OD FOR PERMITS AF-
TER ISSUANCE AND
PRIOR TO WORK
STARTED; AMENDING
EXTENSION PERIOD
FOR INACTIVE PER-'
MITS FROM 60 DAYS
TO 120 DAYS PROVID-
EDTHATTHE EXTEN-
SION IS PRIOR TO
PERMIT BECOMING IN-
ACTIVE; PROVIDING
FOR THE REPEAL OF
ALL ORDINANCES IN-
CONSISTENT HERE-
WITH: PROVIDING FOR
INCO~PORATJON INTO
THE MONROE~COUN-
TY CODE OF ORDI-
NANr.F!=;' APo,In RRO-
VIDINGANeFt:~CTlvl!'
DATE
June 28 & July 5th, 2001
Affiant further says that THE REPORTER
is a newspaper published at Tavernier, in
said Monroe County, Florida, and that the
said newspaper has heretofore been
continuously published in the said
Monroe County, Florida, each week (on
Thursday), and has been entered as
second class mail matter at the Post
Office in Tavernier, in said County of
Monroe, Florida, for a period of one year
next preceding the first publication of the
attached copy of advertisement; and
affiant further says that he has neither
paid nor promised any firm, person, or
corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for
publication in the said newspaper and that
The Reporter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal and Official Advertisements.
Pursuant to Section
286.0105, Florida
Statutes, notice is given
that if a person decided to
appeal any decision
made by the Board with
respect to any matter
considered at such hear-
ings or meetings, he will
need a record ofthe pro-
ceedings, and that, for
such purpose, he may
need to ensure that a ver-
batim record of the pro-
ceedings is made, which
record includes the testi-
mony and evidence upon
which the appeal is to be
based.
Copies ofthe above-ref-
erenced ordinance are
available for review at the
various public libraries in
Monroe County, Florida,
Dated at Key West, Flori-
da, this 22nd day of June,
2001
DANNY L. KOLHAGE,
Clerk ofthe Circuit Court
and ex officio Clerk of the
Board of County
(SEAL) ... , /
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I\nna M Hines
~ Commission CC7158
"xc"'cs M"rCh 31 04
,2002
Commissioners of Mon-
roe County, Florida
Publish: 06/28/01 &
07/05/01
The Reporter
Tavernier, FL 33070
Notary
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
August 7, 2001
Evelyn Jefferson
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316-2235
Via Certified Mail 7099 3400000591186558
Dear Ms. Jefferson,
Enclosed please find certified copies of the following Ordinances:
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 P!oviding for ah effective date.
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.
August 7, 2001
Ordinances 028-2001 & 029-2001
cc: Growth Management
File ./
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
August 7, 2001
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Via Certified Mail 70993400000591186589
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..J2; establishing requirement that any parcel
with an unlawful use or improvement shall be brought into code compliance prior to the issua!1ce
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
:;~d~
Pamela G. Hancock, Deputy Clerk
Cc: County Administrator wlo documents
Growth Management
County Attorney
BOCC
File/
U.S. P,ostal SerMice
CERTIFIED Il RECEIPT
(Domestic Mail Only; I) fnsurance Coverage Provided)
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Street, Apt. No,; or PO Box No
PO Box 2235
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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.
1. Article Addressed to:
Evelyn Jefferson
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316-2235
Ordinances 028 & 029
2. Article Number (Copy from service label)
7099 3400 0005 9118 6558
3. Service Type
XX Certified Mail
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4. Restricted Delivery? (Extra Fee)
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SENDER: COMPLETE THIS SECTION
· 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 mail piece,
or on the front if space permits,
1. 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-'- ~I.._L.__ /_-_.. ~___ ____,__ '_L_II
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PS FOI
C. Signature
X GRACiE PENTON
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3. Service Type
D(Certified Mail
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Addressee
AUG 0 9 'loOt
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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
Di vision of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
RlNGLlNG MUSEUM OF ART
FLORIDA DEPARrMENT OF STATE
Katherine Harris
Secretary of State
DMSION 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:
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.
Si~~
Uz Cloud, Chief
Bureau of Administrative Coqe
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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.t1.us · E-Mail: election@mail.dos.state.jl,us
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5GPplefe~t 7~ 08114/2001
We hav! received ~he f81lo~ing material through
harD C0PV. Th3nk you I?F your assistance and
(oJpe(3ti,)n,
Ordin3n:e N0S. 020-2001. 028-2001 and 029-2001.
800-2E2-263~ fax B50-575-8852 BJJ
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D0n't ~ant to print additional copies of Codes'
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TO:
Ms, Pamela 6, HanCOCK
Clerk to Circuit Court
Monroe (:.)unt y
500 Whitehead Street
Kev West. FL 33040
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