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Ordinance 017-2011 .- ;; ' ; 1 , I .. . tri-22-41 ''':5-.,.\ , ‘,:-:.4.. ,M.' 41,/ ‘4,,,, i MONROE COUNTY,FLORIDA ! i . t MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 017 -2011 AN-ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE ' 1 1 COUNTY CODE SECTION 110-5, NOTICE, SECTION 110- ! 1 69, MINOR CONDITIONAL USES, AND SECTION 110-70, !I MAJOR CONDITIONAL USES; TO. MODIFY THE i PROCEDURE FOR PUBLIC NOTICE OF MINOR AND MAJOR -CONDITIONAL USE PERMIT APPLICATIONS - 1 , AND TO REVISE PROCESS FOR REVIEWING MINOR G I I j AND MAJOR CONDITIONAL. USE PERMIT APPLICATIONS; PROVIDING . FOR SEVERABILITY; ' . PROVIDING FOR REPEAL OF CONFLICTING ' PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE I i SECRETARY OF _ STATE; PROVIDING FOR . CODIFICATION; PROVIDING FOR AN EFFECTIVE i { DATE. I WHEREAS, under the current provisions of the Land Development Code, minor 1 i conditional use permit applications are reviewed by the Monroe County Development i j Review Committee and approved, approved with conditions or denied by the planning .'. I . • director afterwards; and 1 ' r ; i WHEREAS, under the current:provisions of the Land Development Code a specific j property that is subject to a minor conditional use permit application:is posted with a sign I i identifying the type of application as well as the time and date of the scheduled meeting! ! '1 ' in which the Development Review Committee shall review the application. In addition, 1 : notification of property owners within 300 feet of a subject property takes place: i However, the mailed notice is required to be sent after the. Development. Review;:.. I Committee meeting has been held and the planning director has signed a development' order approving or denying the application; and i 1 . WHEREAS, often the mailed:notice is the first time a potentially affected property; i owner is made aware of a proposed development. Although receipt of the mailed notice; informs potentially affected property owners prior to the issuance of any building permits; i ' the current system does not necessarily provide for public input prior to the planning; ' director's decision; and I r j ; j 1 Page 1 of 6 i ' : I ' ' it 1 1 i . != WHEREAS, the proposed text amendments would improve upon the existing system by requiring notification to property owners within 300 feet of the subject property prior to the Development Review Committee meeting and, more importantly, prior to the planning director's decision. By definition, conditional use permits are required for developments that merit additional consideration as they may impact the adjacent community: The proposed process provides opportunity for the planning director to listen to concerns in advance and if necessary, he or,she may place conditions on the approval; and WHEREAS, the proposed text amendments also rectify errors made during the processing of previous text amendment related ordinances in 2008. In 2008, Ordinance #028-2008 amended §9.5-68 and §9.5-69 (since renumbered to §110-69 and §110-70) pertaining to minor and major conditional use permits to reflect actual practices and eliminate obsolete provisions. In 2010, Ordinance #005-2010 amended several sections of the County Code in order to remove reference to the development review coordinator and reassign those duties to the planning.director. However, due to the timing and codification of the text amendments not all approved text amendments are reflected in the current code. The proposed text amendments add language approved under Ordinance #028-2008 that is still necessary back into the Land Development Code;.and WHEREAS, during a regularly scheduled public hearing held on June 22, 2011, the Planning Commission reviewed the ordinance and recommended approval to the Board of County Commissioners; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section 110-5 shall be amended as follows: Sec. 110-5.Notice * * * * *. (g) Mailing of notice: Major Conditional Use Permit. Notice of a public hearing to consider a major conditional use shall be mailed by the county to all owners of real property located within 300 feet of the property proposed to be developed as a major conditional use, including any residents of the parcel proposed for development, at least 15 days prior to a public hearing by the planning commission. A list of such owners, as shown by the latest available records in the Monroe County Property Appraiser Office, shall be provided by the applicant with an application for development approval. Page2of6 (h) Mailing of Notice:Minor Conditional Use Permit.Notice of consideration by the planning director of a minor conditional use permit shall be mailed by the county to all owners of real property located within 300 feet of the property subject to minor conditional use application, including any residents of the parcel proposed for development, at least 15 days prior to the development review committee meeting. A list of such owners as shown by the latest available records in the Monroe County Property.Appraiser Office shall be provided by the applicant with an application for development approval. (i) Other notice. Notice of all public hearings shall be posted on the Monroe County Website as soon as is practical: Failure to post notice on the Monroe County Website shall not constitute grounds for the cancellation of any public hearing nor shall it constitute grounds for the cancellation of,any action taken by a board at such a meeting. (j) Affidavit and photograph of notice. An affidavit and photographic evidence shall be provided by the applicant at the public hearing, or in the cases of minor conditional use permit applications at the development review committee meeting, demonstrating that the applicant has complied with the notice required by this section. Section 2. Section 110-69 shall be amended as follows: Sec. 110-69.Minor conditional uses. (a) Applications for a minor conditional use permit. An application for a minor conditional use permit shall be submitted to the planning director in the form provided by the planning department. If an application for a minor conditional use includes a major conditional use, then the minor conditional use shall be considered in conjunction with:the major conditional use in:accordance with the procedures of section 110-70. (b) Review by the development review committee. An application for a minor conditional use permit shall be reviewed by the development review committee. At the meeting, development review committee members shall make comment on the application and responsible planning and environmental resources department staff shall provide their staff report(s) to the planning director. Individual members of the development review committee may submit additional comments to the planning director within 10 working days of the meeting. (c) Decision by the planning director. Within 60 days after the development review committee meeting, the planning director shall render a development order granting, granting with conditions or denying the application for a minor Page 3 of 6 conditional use permit, with the exception of any application where a condition has been imposed that must be satisfied prior to the issuance of a development order approving the minor conditional use permit, in which case the development order shall be issued within 30 days after receipt of proof of satisfaction of the condition(s). (d) Notice of grant of a minor conditional use permit. The planning director shall give notice of any development order granting a minor conditional use by sending a written notice to all owners of real property located within 300 feet of the property that is subject to the minor conditional use permit, and notice of the intent to issue the minor conditional use permit approval shall be published in newspapers of local circulation in the county by advertisement in the legal section. The costs of publication and written notice are to.be borne by the applicant. (e) Consideration of a minor conditional use approval by the planning commission. An administrative appeal or a request for a public hearing on a minor conditional use permit approval shall be governed by the provisions of section 102-185. In cases where the planning director determines the application has unique or peculiar circumstances and the applicant and the planning director, by mutual consent agree, the planning director may request a public hearing by the planning commission. Such agreement shall be documented in writing in a form approved by the County Attorney. ' Section 3. Section 110-70 shall be amended as follows: Sec. 110-70.Major conditional uses. (b) Review by the development review committee. An application for a major conditional use permit shall be reviewed by the development review committee. The development review committee shall give comments to the applicant, responsible staff and'the planning director. Within 60 days of the meeting or within 60 days after any additional information required from the applicant is furnished, the planning department shall provide for advertisement of any required public hearing by the planning commission. (c) Public hearing on an application'for a major conditional use permit. The planning commission shall hold a public hearing on the application for a major conditional use permit and shall issue a development order granting, granting with conditions or denying the application for a major conditional use permit within 60 days of the public hearing by the planning commission, with the exception of any application where a condition has been imposed that must be satisfied prior to the Page 4 of 6 • issuance of a development order approving the major conditional use permit, in which case the development order shall be issued within 30 days after receipt of proof of satisfaction of the condition. (d) Notice of grant of a major conditional use permit. The planning director shall give notice of any development order granting a major conditional use by sending a written notice to all owners of real property located within 300 feet of the property that is the subject of the major conditional use permit, and notice of the intent to issue the major conditional use permit approval shall be published in newspapers of local circulation in the county by advertisement other than in the legal notice section with the cost to be borne by the applicant. (e) Appeal of a conditional use approved by the planning commission. The applicant, an adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any person who presented testimony or evidence at the public hearing conducted pursuant to subsection(c) of this section may request an appeal of the planning commission's major conditional use decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written decision of the planning commission. Section 4. Severability. 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 (REMIANDER OF PAGE LEFT INTENTIONALLY BLANK) Page5of6 provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 5. Conflicting 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. Section 6.Transmittal. This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 7. Filing. 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 Florida State Land Planning Agency or Administration Commission approving the ordinance. Section 8. 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 9. 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 21st day of September ,-2011. Mayor Heather Carruthers Yes Mayor pro tern David Rice Yes Commissioner Kim Wigington Yes Commissioner George Neu gent . Yes-7 R:, ' Commissioner Sylvia Murphy ` ' `� ` '''' Yes -�, r� ..-i--\.1-2,3--: � .T'.'.-: ::-.' �ar � r t4 _F D: ASV (( 1 J 51)v.4 i' 1: � : CJ 1 ''. v MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1 . ,,.! L Attest'J ANN Y L. KOLHAGE, CLERK '; o By` Jr, L a By ' .4- ' _ ;� o Deputy Clerk a fri eather Carruthers MONRO OUNTY ATTORNEY PP 0 EDAS40F M Page 6 of 6 , Date: P-`:3(- / MONROE COUNTY COURTHOUSE BRANCH OFFICE: c b couar r 500 WHITEHEAD STREET, SUITE 101 4 c PLANTATION KEY KEY WEST, FLORIDA 33040 t p GOVERNMENT CENTER TEL. (305) 294 -4641 / ° , 1' * 88820 OVERSEAS HIGHWAY FAX (305) 295 -3663 ;'. �,1��I ; c j PLANTATION KEY, FLORIDA 33070 i •. TEL. (305) 852 -7145 BRANCH OFFICE: ,I c °"�� FAX (305) 852 -7146 MARATHON SUR COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD TEL. (305) 289 -6027 PLANTATION KEY, FLORIDA 33070 FAX (305) 289 -1745 www.clerk -of- the- court.com TEL. (305) 852 -7145 FAX (305) 853 -7440 October 13, 2011 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7010 1670 0001 0244 8911 Dear Ms. Cloud, Enclosed please find certified copies of the following Ordinances: Ordinance No. 013 -2011 amending Section 114 -67(c) of the Monroe County Land Development Code, concerning the required off - street parking requirements for multifamily residential dwelling units; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing for an effective date. Ordinance No. 014 -2011 establishing Monroe County Code Section 114 -21, implementing a recyclable materials recycling program for multifamily and nonresidential developments of the Monroe County Land Development Code; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing for an effective date. Ordinance No. 015 -2011 amending Monroe Section 138 -22, type of development not affected, to incorporate criteria for residential ROGO exemptions; of the Monroe County Land Development Code, to incorporate criteria for Residential Rate of Growth Ordinance (ROGO) exemptions; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing for an effective date. Ordinance No. 016 -2011 amending Monroe County Code Sections 101 -1, Definitions, and 1 18- 12(rn)(4), Shoreline setback, docking facilities, adjacent parcel, to clarify what elements of docking facilities may be permitted on adjacent parcels of land; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community .Affairs and the Secretary of State; Providing for codification and Providing for an effective date. Ordinance No. 017 -2011 amending Monroe County Code Section 110 -5 Notice, Section 110 -69 Minor Conditional Uses; and Section 110 -70 Major Conditional Uses, to modify the procedure fir public notice of minor and major conditional use permit applications and to revise the process for reviewing minor and major conditional use permit applications; Providing for severability; Providing for repeal of conflicting provisions; Providing for transmittal to the Department of Community Affairs and the Secretary of State; Providing for codification and Providing 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 September 21, 2011. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Isabel C. DeSantis, D.C. cc: County Attorney via e -mail Growth Management via e-mail & courier File T E 7 k CD CD -0 f2 / ❑E 0 ❑ ( 0 ) % ci E § a \ ) k k ft 2 < @ -$ cal rg ( ( { \ O ❑ ❑ f Cr \ LL 4 § % _ © =' 2 £ � = \ 2� ca 3 / -g.2 D m$ EL 8 J w J k a .-4 # ) 32 \ n OO � R o o k a y w 4 c ° ) 2 _a ..7. k . > © °° o o 8. 0 a) co q cm n - o @ D C .' § (7) CO § a. © m -co § 11 A ° � 2 C 22 a ® § $2�%� ' 13C / LW ® 22)\g - � 2 = so 2 ® amen -a _ co co & i \ k B . 2\ k E� E k k 2- e�� e ° © � = »2 2 2' ƒ e 2 C 2 = G _ � ° >:r1:1 .C w 0 k t 7 \) t } a< cc k /\ I o� �� <b< 0) n • • • w w C Z - C....")...... n1 0 -s. • CP IN, CD CD —I = —I CD Cn 71 13 , k 13 0 CD -1 CD > ... r- -... 0 77: cp CO ... .... r..., rn , i'l ... ,- - • , x = .., m m ." 0 ... ... C ... 3 ... f," 9 :.-.-..:. __ . .. . CL ..............■ --.., 0- ,,,". ...' .. ' .. '-, •••• - - • C .....-. Cn C.* ...:' ;••••. ...'•--, ..■ C° '"" ' • • ---; i : J CD = CL .. N —. 10 + = 4: U) CT ,q.: ( nu a j 6 o z 0 IIT X 2 • 9 -1. (D .... a - co _,..............__.......,,......... --_—_—_—_--.......................--, .- o V Y �;e f FLORIDA DEPARTMENT Of STATE RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING Governor Secretary of State October 18, 2011 - N - t� Honorable Danny L. Kolhage c-, Clerk of the Circuit Court ; o Monroe County 500 Whitehead Street, Suite 101 71 Key West, Florida 33040 _:--- o .. Attention: Isabel C. DeSantis, Deputy Clerk o Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated October 13, 2011 and certified copies of Monroe County Ordinance Nos. 013 -2011, 014 -2011, 015- 2011, 016 -2011 and 017 -2011, which were filed in this office on October 17, 2011. Sincerely, ( A tl ig ChaGS Liz Cloud Program Administrator LC /jw i ----da ,---.°11 R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 g Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov Commemorating 500 years of Florida history www.fla500.com VIVA FLORIDA 500. VIVA FLORIDA 500. DEO Final Order No.: DEO -11 -0033 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY In re: MONROE COUNTY LAND == y DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO 017 -2011 / - c) CD FINAL ORDER 3J The Department of Economic Opportunity (the "Department ") hereby issues its Final Order, pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2010), 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 October 20, 2011, the Department received for review Monroe County Ordinance No. 017 -2011 ( "Ord. 017- 2011 "), adopted by Monroe County on September 21, 2011. 3. The purpose of Ord. 017 -2011 is to amend Monroe County Code Section 110 -5, Notice, Section 110 -69, Minor Conditional Uses, and Section 110 -70, Major Conditional Uses, to modify the procedure for public notice of, and revise the process for reviewing minor and major conditional use permit applications. 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. (2010). 5. Monroe County is a local government within the Florida Keys Area of Critical State Concern. § 380.0552, Fla. Stat. (2010) and Rule 28- 29.002 (superseding Chapter 27F -8), Fla. Admin. Code. 1 DEO Final Order No.: DEO -11 -0033 6. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat. (2010). The regulations adopted by Ord. 017 -2011 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. 017 -2011 is consistent with and furthers the following Principles: (a) To strengthen a local government's capabilities for managing land use and development so that the local government is able to achieve these objectives without continuing the area of critical state concern designation. (d) To ensure the maximum well -being of the Florida Keys and its citizens through sound economic development. (n) To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. 9. Ord. 017 -2011 is consistent with the Principles for Guiding Development as a whole. 10. Ord. 017 -2011 furthers the Monroe County Comprehensive Plan. WHEREFORE, IT IS ORDERED that Ord. 017 -2011 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. 2 DEO Final Order No.: DEO -11 -0033 I -0,/t- J. (Thomas Beck, AICP Director, Division of Community Planning i•, Department of Economic Opportunity ■+C 107 East Madison Street, MSC 110 Tallahassee, Florida 32399 -4128 NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING 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 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 3 DEO Final Order No.: DEO -11 -0033 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 correct copies have been furnished to the persons listed below by the method indicated this i‘/'tay of November, 2011. .Miriam Snipes, Agen cy Clerk By U.S. Mail: Honorable Heather Carruthers Mayor of Monroe County 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Christine Hurley Growth Management Director 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 4 DEO Final Order No.: DEO -11 -0033 By Hand Delivery or Interagency Mail: Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E. Shine, Assistant General Counsel, DCA Tallahassee 5