Ordinance 030-2009
ORDINANCE 030
- 2009
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 102-20 OF
THE MONROE COUNTY CODE CONCERNING THE
APPOINTMENTS AND TERMS OF MEMBERS OF THE
PLANNING COMMISSION AND VACANCIES THEREON;
DELETING REMOVAL FOR CAUSE EXCEPT AS SPECIFICALLY
SET FORTH; DELETING THE REQUIREMENT FOR SPECIAL
MEETINGS; REMOVING THE REQUIREMENT FOR TIME
CERTAIN PUBLIC HEARINGS; ADDING A MILITARY
REPRESENTATIVE AS AN EX OFFICIO MEMBER; 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 CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS:, the Board of County Commissioners (BOCC) desires to align the terms of the
Planning Commission appointees more closely with the terms of the BOCC members; and
WHEREAS, the BOCC desires to clarify that there may be removal of commissioners on the
Planning Commission at the pleasure of the county commission or for cause which is now
defined in the code as (a) three unexcused absences or (b) commission of a felony or an
offense involving moral turpitude, or (3) no longer being a qualified elector of the county; and
WHEREAS, the requirement to have a special meeting within seven days if a quorum is not
present at a regular meeting is unduly burdensome given that the reasons for lack of
a quorum would most likely be of such an emergency to prevent a meeting within seven days;
additionally, a provision allowing a special meeting to be called by the chairman is currently
provided; and
WHEREAS, this ordinance was recommended for approval to the Board of County
Commissioners by the Planning Commission at its meeting of June 24, 2009;
NOW THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS:
Section 1. Section 102-20 is amended as follows:
Page 1 of 6
Sec. 102-20. Planning commission.
(a) Creation. There is hereby established a planning commission.
(b) Powers and duties. The planning commission shall have the following powers and duties:
(1) To serve as the local planning agency (LPA), required by F.S. 9 163.3174;
(2) To prepare or cause to be prepared a comprehensive plan or element thereof and to submit
to the board of county commissioners an annual report recommending amendments to such
plan;
(3) To review and make recommendations to the board of county commissioners in regard to
amendment of the official land use district map;
(4) To hear, review and approve or disapprove applications for minor or major conditional use
permits;
(5) To initiate, hear, review and make recommendations to the board of county commissioners
on applications for amendment to the text of this chapter;
(6) To hear, review and recommend approval or disapproval of all plats in accordance with the
rules and regulations established by the board of county commissioners;
(7) To hear, consider and act on appeals of administrative actions;
(8) To act to ensure compliance with conditional use permits, as approved and issued;
(9) To make its special knowledge and expertise available upon reasonably written request and
authorization of the board of county commissioners to any official, department, board,
commission or agency of the county, state or federal government; and
(10) To adopt such rules of procedure necessary for the administration of its responsibilities not
inconsistent with this article to govern the commission's proceedings.
(c) Qualifications for membership. Members shall be chosen from persons with experience in
the areas of planning, environmental science, the business community, the development
industry, and other Keys local industries. Members of the planning commission shall be
qualified electors in the county. In the event that any member is no longer a qualified elector or
is convicted of a felony or an offense involving moral turpitude while in office, the board of
county commissioners shall terminate the appointment of such person as a member of the
commission.
(d) Membership: appointment, removal, terms, and vacancies.
Page 2 of 6
(1) The pl1anning commission shall be composed of five members. Vacancies shall be filled by
nomination by the district's commissioner for the district whose member on the board of county
commissioners made the previous appointment for the vacant seat. The county commissioner
shall nominate a person qualified as provided in subsection (c) of this section to be approved by
the board of county commissioners by a vote of at least three members. The geographical
representation of the Keys shall be considered, but not required when making appointments to
the planning commission. If there is a vacancy on the planning commission which remains
unfilled for more than sixty (60) days, the mayor may appoint a person to hold the office until an
appointment is approved by the county commission.
(2) Members shall serve at the pleasure of the board of county commissioners. Removal shall
be approved by the affirmative vote of at least three members of the board of county
commissioners.
(3) All appointments shall terminate upon replacement by a County Commissioner with
another person appointed and approved by the county commission. Confirmation of existing
appointments or nominations for new appointments by all county commissioners elected in the
fall of each election year shall be made by those commissioners at or before the regular monthly
meeting of the board of county commissioners in February of each year following an election
year. If such ratification or appointment does not take place, the respective planning commission
seat shall be deemed vacant. Terms of the planning commission appointments shall be from
their appointment dates until replaced or terminated. Planning Commission members serving as
of August 1, 2009 shall be subject to the provision of this subsection and shall serve until
replaced as described above, whether filling out the term of a previously appointed member or
serving their own terms.
(4) At an annual organizational meeting, the members of the planning commission shall elect
one of its members as chair and one as vice-chair. In the absence of the chair, the vice-chair
shall act as chair and shall have all powers of the chair. The chair shall serve a term of one year.
No member shall serve as chair for more than two consecutive terms.
(5) The presiding officer of any meeting of the commission may administer oaths, shall be in
charge of all proceedings before the commission, and shall take such action as shall be
necessary to preserve order and the integrity of all proceedings before the commission.
(6) If any member of the commission shall fail to attend three regular consecutive meetings
without prior notice and an excuse sufficient to the planning commission, such failure shall
constitute sufficient grounds for termination of the member's appointment. The commission
coordinator shall notify the chair or the vice-chair, as the case may be, and he shall immediately
Page 3 of 6
file a notification of such nonattendance with the county administrator for placement on the
agenda of the board of county commissioners; and the board shall, by appropriate action,
terminate the appointment of such person and fill the vacancy thereby created as soon as
practicable. A member who desires to be excused shall contact the commission coordinator
prior to the meeting. The commission coordinator shall report the request to the chair who shall
make the determination to grant or deny the request.
(7) A representative of the school district shall be appointed by the school board as a
nonvoting member of the planning commission and shall attend those meetings at which the
planning commission considers comprehensive plan amendments and rezonings that would, if
approved, increase residential density on the property that is the subject of the application. The
base commander of the Naval Air Station Key West or designee shall be a nonvoting ex-officio
member of the Planning Commission as long as such a requirement for military installation
representation is in the Florida Statutes.
(e) Recording secretary. The director of planning shall appoint a recording secretary to serve
the planning commission. The secretary shall keep minutes of all proceedings of the
commission, which minutes shall be a summary of all proceedings before the commission,
attested to by the secretary, and which shall include the vote of each member upon every
question. The minutes shall be approved by a majority of the members of the commission
voting. In addition, the secretary shall maintain all records of commission meetings, hearings
and proceedings, the correspondence of the commission, and a mailing list of persons wishing
to receive notices of meetings, agendas or minutes and who have paid an annual fee set by the
board of county commissioners to cover copying and mailing costs.
(f) Staff. The department of planning shall be the professional staff of the planning commission.
(g) Quorum and necessary vote. No meeting of the planning commission may be called to
order, nor may any business be transacted by the commission, without a quorum consisting of
at least three members of the commission being present. The chair shall be considered and
counted as Ci member. The concurring vote of at least three members shall be necessary for the
commission to take action on major or minor conditional use applications, final plat approvals,
amendments to the text of this chapter or to the official land use district map. All other actions
shall require the concurring vote of a simple majority of the members of the commission then
present and 'Voting.
(h) Planning commission members shall be compensated as determined by the board of county
commissioners.
Page 4 of 6
(i) Meetings, hearings and procedure.
(1) Regular meetings of the planning commission shall be scheduled twice monthly beginning
January 1 of every calendar year and special meetings may be scheduled as required by a
majority of the board of county commissioners, the chair of the planning commission, or a
majority of the members of the planning commission. However, no regular meetings shall be
scheduled for the month of August.
(2) The regularly scheduled (bi-monthly) meetings shall be held in Marathon or an appropriate
location in the middle keys. All items which relate to specific properties such as but not limited to
minor and major conditional uses, variances and administrative appeals, shall be held at the
regularly scheduled meetings. The planning commission may, in its discretion, schedule special
meetings in the upper and lower Keys subarea as required by the demand for such meetings. In
cases where an item is postponed due to the lack of a quorum of the planning commission, the
item shall be continued to a special meeting or to the next available regular meeting. In cases
where an item is postponed for any other reason, the item shall be continued to the next
regularly scheduled meeting. Items which are related to specific properties, such as but not
limited to text amendments to this chapter and comprehensive plan amendments, may be heard
in Marathon or the planning commission may, in its discretion, schedule such items for the most
appropriate area or for additional meetings in each subarea.
(3) All meetings and hearings of the commission shall be open to the public.
Section 2. Severabilitv.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflictina Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of
any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Page 5 of 6
Section 4. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources Department
to the Florida Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes and as required by F.S. 380.05(6) and (11).
Section 5. Filina.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the 16th day of August, 2009.
Mayor George Neugent
Mayor pro tern Sylvia Murphy
Commissioner Kim Wigington
<\Ciommissioner Heather Carruthers
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", \-;)~d,ijmissioner Mario Di Gennaro
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MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
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Mayor George Neugent
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MONROE COUNTY ATTORNEY
APPRO ED AS TO FORM:
S N M. GRIMSb Y
ASSISTANT COUNTY ATTORNEY
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Page 6 of 6
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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:
MARA THON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT A nON KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
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
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
September 3,2009
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7009 1410 0001 67601973
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 030-2009 amending Section 102-20 of the Monroe County Code
concerning the appointments and terms of members of the Planning Commission and vacancies
thereon; Del~~ting removal for cause except as specifically set forth; Deleting the requirement for
special meetings; Removing the for time certain public hearings and adding a military
representativ1e as an ex officio member; providing for severability; providing for the repeal of
inconsistent provisions; providing for transmittal to the Department of Community Affairs and
the Secretary of State; providing for codification; providing for an effective date.
Ordinance No. 031-2009 amending Chapter 142 Signs in the Land Development Code,
specifically by amending Section 142-3 regarding vehicle and A-frame signs; by amending
Section 142-4 regarding off premises signs; by amending section 142-5 regarding electronic
signs; and by creating Section 142-8 for special identification signs; providing for severability;
providing for repeal of inconsistent provisions; providing for transmittal to the Secretary of State
and Department of Community Affairs; providing for codification; providing for an effective
date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a regular lneeting, held in formal session, on August 19, 2009. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295-3130.
cc: Via E-Mail to the following:
Growth Management
County Attorney
BOCC
File
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
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FLORIDA DEPARTMENT or STATE
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CHARLIE CRIST
Governor
STATE LIBRARY AND ARCHIVES OF FLORIDA
KURT S. BROWNING
Secretary of State
September 11, 2009
Honorable Dann.y 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 September 3, 2009 and certified copies of Monroe County Ordinance Nos. 029-2009 through
031-2009, whicll were filed in this office on September 8, 2009.
Sincerely,
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Liz Cloud ~
Program Admitlistrator
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DIRECTOR'S OFFICE
R.A. Gray Building. 500 South Bronough Street. Tallahassee, Florida 32399-0250
850.245.6600 . ~AX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.t1.us
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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
850.488.28:12 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
<phan cock@ man roe-clerk. com>
Friday, March 05, 2010 1:31 PM
Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 3
Municipal Code Corporation
Municode.com
~ .. ~- www-municode_com
1-800-262-2633
Monroe County, FL Code of Ordinances - 2008 (14298)
Supplernent 3
Document Adopted Date Recorded Recorded Format
Ordinance No. 030-2009 8/16/2009 12/9/2009 Hard Copy/Electronic
Ordinance No. 031-2009 8/19/2009 12/9/2009 Hard Copy/Electronic
Ordinance No. 036-2009 11/18/2009 12/16/2009 Ha rd Copy
Ordinance No. 32-2009 12/16/2009 1/4/2010 Hard Copy/Electronic
Ordinance No. 038-2009 12/16/2009 1/19/2010 Ha rd Copy
Ordinance No. 001-2010 1/20/2010 2/5/2010 Hard Copy/Electronic
Ordinance No. 033-2009 10/21/2009 2/5/2010 Ha rd Copy /Electron ic
Resolution No. 018-2010 1/20/2010 2/12/2010 Hard Copy/Electronic
Ordinance No. 004-2010 2/17/2010 3/5/2010 Hard Copy/Electronic
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and reduce the
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receIve or
just get a PDF of the supplement to
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Update the internet version of your
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more often than a printed
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We can update the Internet
quarterly, monthly,
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We can post newly enacted
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in the online Code after each
meeting.
3/5/2010
DCA Final Order No.: DCA09-0R-349
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re': MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 030-2009
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The Department of Community Affairs (the "Department") hereby issues its Final Order,
/
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 September 4, 2009, the Department received for review Monroe County Ordinance No.
030~2009 ("Ord. 030-2009"), adopted by Monroe County on August 16, 2009.
Ord. No. 030-2009 amends Section 102-20 ofthe Monroe County Code concerning the
appointments and terms of members of the Planning Commission and vacancies thereon.
3. The purpose ofOrd. No. 030-2009 is to allow for Planning Commission members to be
nominated by the district's Commissioner and to be approved by a vote of at least three members
of Board of County Commissioners. Ord. No. 030-2009 deletes removal for cause except as
specifically set forth, deletes the requirement for special meetings; removes the requirement for
time certain public hearings; and adds a military representative as an ex officio member.
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-349
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. 030-2009 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. 030-2009 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.
(I) 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. 030-2009 is consistent with the Principles for Guiding Development as a whole.
10. Ord. 030-2009 furthers Monroe County Comprehensive Plan Goal 1303 to increase
involvement of the citizens of Monroe County and government related entities that operate
within the County in the comprehensive planning and growth management process. Ord. 030-
2009 furthers Objective 1303.1 requiring the County to provide for and facilitate public
participation and awareness in the comprehensive planning process; and furthers Policy 1302.1.2
requiring the Monroe County Growth Management Division to establish written standard
operating procedures to expedite all proposed amendments to the land development regulations
and comprehensive plan in the most efficient and least time consuming manner possible.
2
DCA Final Order No.: DCA09-0R-349
WHEREFORE, IT IS ORDERED that Ord. 030-2009 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.
&l~~
CHARLES GAUTHIER, AICP
Director, Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
J\ \d-.)09
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATNE PROCEEDING ACTION.
DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL
FACT IN YOUR PETITION REQUESTING AN ADMINISTRA TNE 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
ADMINISTRATNE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATNE CODE. IN AN
INFORMAL ADMINISTRA TNE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATNE, 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 mSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MA Y FILE A PETITION REQUESTING A FORMAL
ADMINISTRA TNE HEARING BEFORE AN ADMINISTRATIVE LA W JUDGE OF THE
DIVISION OF ADMINISTRATNE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
3
DCA Final Order No.: DCA09-0R-349
ADMINISTRATIVE CODE. A T 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
ADMINISTRA TIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-106.104(2),
FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED,
THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-
106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS REQUESTED,
THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28-
106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A REQUEST
FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY RULE 28-
106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES NOT
AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE PROCEEDING OR A
FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK
WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and c rrect copies have been furnished to
the persons listed below by the method indicated this day of November, 2009.
~Ula Ford, A ency Clerk
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DCA Final Order No.: DCA09-0R-349
Bv U.S. Mail:
Honorable George Neugent
Mayor of Monroe County
25 Ships Way
Big Pine- Key, Florida 33043
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Andrew Trivette
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagencv Mail:
Craig Diamond, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. ~hine, Assistant General Counsel, DCA Tallahassee
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