Ordinance 008-2009
1
2 ORDINANCE NO. 008 -2009
3
4 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
5 COUNTY COMMISSIONERS AMENDING SECTION 102-158
6 OF THE CODE OF ORDINANCES CONCERNING
7 AMENDMENTS TO THE LAND DEVELOPMENT
8 REGULATIONS, LAND USE DISTRICT MAP AND FUTURE
9 LAND USE MAP; PROVIDING A METHOD OF PROTEST
10 FOR LAND USE DISTRICT MAP AND FUTURE LAND USE
11 MAP CHANGES; PROVIDING FOR SEVERABILITY;
12 PROVIDING FOR REPEAL OF INCONSISTENT
13 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
14 DEPARTMENT OF COMMUNITY AFFAIRS, PROVIDING
15 FOR CODIFICATION AND FOR AN EFFECTIVE DATE.
16
1 7 WHEREAS, there has been a difference of opinion in the interpretation of the protest
18 procedure of Section 102-158 of the Monroe County Code concerning redesignations of the
19 land use district map; and
20 WHEREAS, this matter of interpretation has been the source of litigation which did not
21 result in necessary clarification; and
22 WHEREAS, no formal process is established in the Monroe County Code for submitting a
23 protest to the Board of County Commissioners; and
24 WHEREAS, changes to the Land Use District Map (zoning) occur after the changes to the
25 Future Land Use Map (FLUM), and thus there should be a method to protest the FLUM
26 amendment prior to a change being made to the Land Use District Map; and
27 WHEREAS, the Planning Commission held a public hearing on February 11, 2009 and
28 approved this amendment:
29 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
30 COUNTY COMMISSIONERS:
31 Section 1. Section 102-158 of the Monroe County Code is amended as follows:
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1 Sec.l02-158. Amendments to Land Development Code and to the Future Land Use
2 Map.
3 (a) Purpose: The purpose of this article is to provide a means for changing the text of this
4 chapter, which also includes changes to the land use district map. It is also intended to add to
5 the statutory procedures and requirements for changing the Future Land Use Map (FLUM) at
6 the transmittal stage. It is not intended to relieve particular hardships, nor to confer special
7 privileges or rights on any person, nor to permit an adverse change in community character,
8 analyzed in volume I of the plan., but only to make necessary adjustments in light of
9 changed conditions or incorrect assumptions or determinations as determined by the findings
10 of the board of county commissioners. In determining whether to grant a requested
11 amendment, the board of county commissioners shall consider, in addition to the factors set
12 forth in this article, the consistency of the proposed amendment with the provisions and
13 intent of the plan.
14 (b) Authority: The board of county commissioners may amend the text of this chapter upon
15 the compliance with the provisions of this article. Amendments may be proposed by the
16 board of county commissioners, the planning commission, the director of planning, or the
1 7 owner or other person having a contractual interest in property to be affected by a proposed
18 amendment or FLUM change at the transmittal stage. The director of planning shall have the
19 responsibility to establish the format as approved by the board of county commissioners by
20 which applications can be submitted and shall have the authority to screen those
21 amendments, processing only those which are presented on a complete application.
22 Those deemed insufficient shall be returned within 30 days to the applicant for correction
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and re-submittal. PLUM changes shall be processed prior to any application being made to
2 amend the land use district map.
3 (c) Timing: Applications for map and text amendments to this chapter shall be accepted at
4 any time. The planning director shall review and process the map and text amendment
5 applications as they are received and pass them on to the development review committee and
6 the planning commission for recommendation and final approval by the board of county
7 commISSIoners.
8 (d) Procedures:
9 (1) Proposals by Board of County Commissioners, Planning Commission or
10 Director of Planning: Proposals for amendments by the board of county commissioners, the
11 planning commission or the director of planning shall be transmitted to the planning
12 department and the development review committee for review and comment. Staff shall
13 make a recommendation to the planning commission.
14 (2) Proposals by Affected Landowners: Any landowner or other person having a
15 contractual interest in property desiring to petition the board of county commissioners for an
16 amendment to the land use district map or PLUM shall be required to file an application with
1 7 the director of planning accompanied by a nonrefundable application fee as established from
18 time to time by the board of county commissioners to defray the actual cost of processing the
19 application. The director of planning shall transmit the proposed amendment to the planning
20 department and the development review committee for review and comment. Staff shall
21 make a recommendation to the planning commission.
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(3) Public Hearing(s): The planning commISSIon and the board of county
2 commissioners shall each hold at least one (1) public hearing on a proposed amendment to
3 the text of this chapter or to the land use district map or FLUM at the transmittal stage.
4 a. Advertised and Mailed Notice: Advertised notice of the public hearings for a proposed
5 amendment to the text of the land development code, the land use district map, and the
6 transmittal of the FLUM change shall be provided as required by section 110-5 of this Code.
7 In addition, notice of changes to the land use district map and FLUM shall be mailed to
8 owners within three hundred (300) feet of the affected property fifteen days prior to the
9 required hearing before the planning commission and thirty days before the required hearing
10 before the board of county commissioners for the land use district map amendment and the
11 FLUM transmittal hearing.
12 b. Posting of notice: Posting of notice shall be made in accordance with the requirements
13 of section 110-5.
14 c. Other notice: Notice of all public hearings shall be posted on the Monroe County
15 Website as soon as is practical. Failure to post notice on the Monroe County Website shall
16 not constitute grounds for the cancellation of any public hearing nor shall it constitute
1 7 grounds for the cancellation of any action taken by a board at such a meeting.
18 (4) Action by Planning Commission: The planning commission shall reVIew the
19 application, the reports and recommendations of the department of planning, the comments
20 of the development review committee, and the testimony given at the public hearing, and
21 shall submit its recommendations and findings to the board of county commissioners.
22 (5) Action by Board of County Commissioners Following Public Hearing(s):
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a. The board of county commissioners shall consider the report~ and recommendation of the
2 Planning Commission, planning staff, and the testimony given at the public hearings.
3
4 b. The board of county commissioners may consider the adoption of an ordinance enacting
5 the proposed change based on one (1) or more of the following factors:
6 (i) Changed projections (e.g., regarding public service needs) from those on which the
7 text or boundary was based;
8 (ii) Changed assumptions (e.g., regarding demographic trends);
9 (iii) Data errors, including errors in mapping, vegetative types and natural features
10 described in volume 1 of the plan;
11 (iv) New issues;
12 (v) Recognition of a need for additional detail or comprehensiveness; or
13 (vi) Data updates;
14 (vii) For FLUM changes, the principles for guiding development as defined in the Florida
15 statutes relating to changes to the comprehensive plan.
16 c. In no event shall an amendment be approved which will result in an adverse community
1 7 change to the planning area in which the proposed development is located or to any area in
18 accordance with a Livable Communikeys Master Plan pursuant to findings of the Board of
19 County Commissioners.
20
21 (6}ProwstProcedure
22 a. A written protest concerning an application for an amendment to the land use district map
23 or a FLUM amendment at the transmittal stage may be filed before the BaCC hearing by the
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1 owners of no less than twenty (20) percent of the area of the land to be affected. Protests
2 concerning a FLUM amendment may be made only at the transmittal hearing. In the event of
3 a written protest against such amendment by owners of twenty (20) percent of the property
4 to be rezoned or proposed for a new future land use designation, where the signatures and
5 protest are found to be true and accurate, the amendment shall not become effective except
6 by the favorable vote of four (4) members of the board of county commissioners. Rounding
7 up of decimals and percentages shall not be permitted.
8 b. A written protest concerning an application for an amendment to the land used district
9 map or a FLUM amendment at the transmittal stage may be filed by ten (10) percent of the
10 owners of land within three hundred feet of the affected property. Protests concerning a
11 FLUM amendment may be made only at the transmittal hearing. In the event of a written
12 protest of ten (10) per cent of the owners within 300 feet of the affected property for a future
13 land use map transmittal or a land use map designation, the amendment shall not become
14 effective except by the favorable vote of four (4) members of the board of county
15 commissioners. In calculating whether a sufficient number of protests have been received to
16 trigger the requirement for a supermajority vote, the number of protests must meet or exceed
17 the ten (10) percent threshold without resorting to rounding up.
18 c. Such protests must be on a form approved by the planning director and made available
19 by the county, with a statement from each individual owner, under penalties of perjury, with
20 the name, address, parcel real estate number, home address and telephone number of the
21 owner. In the event of ownership by multiple parties, only one owner is required to file a
22 protest. Condominium, cooperatives, or statutory time share program owners may file
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protests through their associations and shall be counted as one owner and one property in the
2 number of owners to calculate any percentage.
3 d. The originals of the written protests must be filed with the Clerk of the board no later than
4 the fifth working day before the day of the first County Commission meeting at which the
5 public hearing on the FLUM transmittal or map amendment will be heard. Upon receipt of
6 the protest(s), the Clerk shall furnish a copy to the County Attorney, the County
7 Administrator, and to the applicant requesting the amendment. No further protests will be
8 accepted by the Clerk or the board.
9 e. The board shall not vote until the signatures, ownership, and protests have been verified
10 by the Growth Management Division and County Attorney using information from the
11 Property Appraiser and the official records of Monroe County. Every reasonable means
12 shall be used by county staff to resolve the validity of the protest by the time of the public
13 hearing, but if this cannot be accomplished the board shall continue the item. If the time
14 requirements of the Florida Statutes for transmittals cannot be met, the proposed FLUM
15 amendment shall be held over until the next date for transmittal.
16 f. The area used as right of way for U.S. 1 shall not be included in any calculations for
17 number of owners or percentage of ownership, but shall be included in the distance
18 calculation from the affected property.
19 g. Protests shall not be considered unless received as prescribed above. Any owner may
20 withdraw a protest up until the conclusion of the public hearing at which the item will be
21 heard.
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(7) Majority of Board. Except as provided in paragraph (d)( 6) above, the board of
2 county commissioners may adopt the proposed amendment or the proposed amendment as
3 modified by not less than a majority of its total membership.
4 (e) Typographical or Drafting Errors: Amendments to the text to correct typographical or
5 drafting errors may be adopted by the board of county commissioners without posted notice
6 or public hearing at any regular meeting. As long as the county is within an area of critical
7 state concern, notice of such amendments shall be transmitted to the Florida Department of
8 Community Affairs within thirty (30) days.
9
10 Section 2. Severability.
11 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall
12 be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
13 affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof
14 shall be confined to the section, paragraph, subdivision, clause, sentence, or provision
15 immediately involved in the controversy in which such judgment or decree shall be rendered.
16
1 7 Section 3. Conflictine: Provisions.
18 In the case of direct conflict between any provision of this ordinance and a portion or
19 provision of any appropriate federal, state, or County law, rule code or regulation, the more
20 restrictive shall apply.
21
22
23 Section 4. Transmittal.
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This ordinance shall be transmitted by the Planning and Environmental Resources
2 Department to the Florida Department of Community Affairs to determine the consistency of
3 this ordinance with the Florida Statutes and as required by F.S. 380.05(6) and (11).
4
5 Section 5. Filin2.
6 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
7 not become effective until a notice is issued by the Department of Community Affairs or
8 Administration Commission approving the ordinance.
9 Section 6. Codification. This ordinance shall be transmitted to Municipal Code Corporation
10 for inclusion in the Monroe County Code.
11 Section'. Effective Date. This ordinance shall become effective as provided by law and
12 stated above.
13 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
14
Florida at a regular meeting held on the 18 th
of March
15
Mayor George Neugent
2009.
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Mayor Pro Tern Sylvia J. Murphy
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Commissioner Kim Wigington
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BOARD OF COUNTY COMMISSIONERS
OF M~ROE COUNTY, FLORIDA
By ,,0..-;,- L:.. KJ~,e.<f--.
23
Deputy Clerk
ayor George Neugent
Date:
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANTATION 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 2, 2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mai/7005 116000003841 2105
Dear Ms. Cloud,
Enclosed are certified copies of the following Ordinances:
Ordinance No. 004-2009 amending Section 23-197(A) and 23-200 (A) and (B) of the
Monroe County Code.
Ordinance No. 005-2009 approving a request by Seafarer Resort LLC to amend the Land
Use District Designation from Suburban Residential (SR) to Mixed Use (MU) for property
legally described as Island of Key Largo PT Lot 10, Monroe County Florida, having real estate
number 00091010.000000.
Ordinance No. 006-2009 approving a request by EI EI SI, LLC to amend the Land Use
District Designation from Urban Residential Mobile Home (URM) to Mixed Use (MU) for
property legally described as Island of Key Largo PB 1-59 Pt Lots 9 & 10 & .71 AC Bay Btm,
Monroe County, Florida, having real estate number 00091090.000000.
Ordinance No. 007-2009 repealing and rescinding Ordinance No. 023-2008 adopting a
Comprehensive Plan amendment changing Policy 101.4.21 to allow density for affordable
housing to be calculated using gross acreage; providing for severability; providing for repeal of
inconsistent provisions; providing for transmittal to the Department of Community Affairs and
the Secretary of State; providing for an effective date.
Ordinance No. 008-2009 amending Section 102-158 of the Code of Ordinances
concerning amendments to the Land Development Regulations, Land Use District Map and
Future Land Use Map; providing for a method of protest for Land Use District Map and Future
Land Use Map changes; providing for severability; providing for repeal of inconsistent
provisions; providing for transmittal to the Department of Community Affairs, providing
for codification and for 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 18, 2009. 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: Pamela G. Hancock, D. C.
cc: Via E-Mail to the following:
Municipal Code Corporation 004-2009 only
Growth Management Tourist Develpment Council 004-2009
County Attorney
BOCC
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. 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 ma!lpiece,
or on the front if space permits.
1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronaugh Street
Tallahassee, Flq.r~da" 32399-0250
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FLORIDA DEPARTMENT 01 STATE
. .
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
April 7, 2009
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated April 2, 2008 and certified copies of Monroe County Ordinance Nos. 005-2008, 006-2008,
007-2009 and 008-2009, which were filed in this office on April 6, 2009.
Sincerely,
~~~~
Liz Cloud
Program Administrator
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DIRECTOR'S OFFICE
R.A Gray Building . 500 South Bronaugh Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.fl.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
DCA Final Order No.: DCA09-0R-119
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
AD10PTED BY MONROE COUNTY
ORDINANCE NO. 008-2009
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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. (2008), 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 9, 2009, the Department received for review Monroe County Ordinance
No. 008-2009 ("Ord. 008-2009"), adopted by Monroe County on March 18, 2009.
Ord. No. 008-2009 amends Section 102-158, Monroe County Code, concerning Amendments to
the Land Development Regulations, Land Use District Map and Future Land Use Map.
3. The purpose of Ord. No. 008-2009 is to provide a procedure for the public to
provide written protests to land use district map changes and future land use map (FLUM)
amendments at the transmittal hearing. The opportunity to provide public testimony, the
submittal of evidence, and the right to challenge the FLUM amendment remains unchanged
through the adoption hearing.
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. (2008).
DCA Final Order No.: DCA09-0R-119
5. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. ~ 380.0552, Fla. Stat. (2008) 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. ~ 380.031 (8), Fla. Stat. (2008). The
regulations adopted by Ord. 008-2009 are land development regulations.
7. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in ~ 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), 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. 008-2009 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.
(1) To protect the public health, safety and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
resource.
9. Ord. 008-2009 is consistent with the Principles for Guiding Development as a
whole.
10. Ord. 008-2009 furthers Monroe County Comprehensive Plan Policy 1302.1.2
requiring the Monroe County Growth Management Division to establish written standards
operating procedures to expedite all proposed amendments to the Comprehensive Plan and Land
Development Regulations; furthers Comprehensive Plan Goal 1303 to increase the involvement
of the citizens of the County and government related entities that operate within the County in
the comprehensive planning and growth management process; and Objective 1303.1 requiring
that Monroe County shall provide for and facilitate public participation and awareness in the
2
DCA Final Order No.: DCA09-0R-119
,Jrehensive planning process.
WIIEREFORE, IT IS ORDERED that Ord. 008-2009 is found to be consistent with the
?rinciples 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.
c~~t~k
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 HJ\S THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING ACTION.
DEPENDil'rG UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL
FACT IN Y'OUR 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
STATEMEl'~T CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN T() JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, TliEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRA TIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
3
DCA Final Order No.: DCA09-0R-119
DIVISIOl'f OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
1io.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
REBUTT,A.L 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
COMMU1'fITY 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, n~ 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 p~rrect copies have been furnished
to the persons listed below by the method indicated this ~~ay of April, 2009.
4
DCA Final Order No.: DCA09-0R-119
By U.S. Mail:
Honorable George Neugent
Mayor of ~lIonroe County
25 Ships "VVay
Big Pine Key, Florida 33043
Danny L. I<~olhage
Clerk to thc~ 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 Delivery or Interagency Mail:
Craig Di(\mlond, Bureau of State Planning, DCA Tallahassee
Rebecca/Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5
Page 1 of 3
Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
< phancock@monroe-clerk. com>
Tuesday, August 04, 2009 9:49 AM
Acknowledgment of material received
This is a computer generated email, please do not reply to this message.
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle SW. (32310)
Tallahassee. FL 32316-2235
850-576-3171
Fax: 850-575-8852
infQ@.m.lJrti.GQq~.'.GQm
Monroe County, FL Code of Ordinances - 2008(14298)
Supplement 2
Recorded: 4/23/2009 3:07:24 PM
We have received the following material through Hard Copy/Electronic.
! < TR>
Document Adoption
Ordinance No. 009-2009 4/15/2009
Ordinance No. 010-2009 4/15/2009
Ordinance No. 011-2009 4/15/2009
Ordinance No. 012-2009 5/20/2009
Ordinance No. 013-2009 5/20/2009
Ordinance No. 015-2009 5/20/2009
Ordinance No. 016-2009 5/20/2009
Ordinance No. 014-2009 5/20/2009
Ordinance No. 023-2009 6/17/2009
Ordinance No. 024-2009 6/17/2009
Ordinance No. 008-2009 3/18/2009
Ordinance No. 043-2007 11/14/2007
Resolution of Section 130-130, Tier Overlay District 7/15/2009
Resolution No. 205-2009 7/15/2009
Ordinance No. 027-2009 7/15/2009
***.QJ.t~Jsu.b.~.r~ to see the full list of recorded ordinances for the next supplement.***
Or point your browsers at: http://www.municode.com/disposition/dislist.asp?jobid=1 09682
If you are sending the ordinances in electronic form and printed form, we assume
the electronic version of the ordinances reflects the ordinances as adopted. We
do not proofread against the printed version of the ordinance if the printed copy is
submitted. Please contact us if you have questions.
8/4/2009
CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
November 10, 2009
CORRECTED LETTER
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated April 2, 2009 and certified copies of Monroe County Ordinance Nos. 004-2009, 005-2009,
006-2009, 007-2009 and 008-2009, which were filed in this office on April 6, 2009.
S~~Q
Liz Cloud
Program Administrator
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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 . TOO: 850.922.4085 . http://dlis.dos.state.O.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRA TIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282