Ordinance 005-2012 m
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 005 - 2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE REGULATIONS
PERTAINING TO FENCES IN MONROE COUNTY CODE
SECTION 114 -20, FENCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the purposes of the proposed amendments are to provide single family residential
properties on Stock Island and Key Haven with the option to construct entry features that are
greater in mass than currently allowed; to allow a taller fence for utility security when a national
code requires or recommends a height greater than that allowed by the Land Development Code;
to include the Mixed Use (MU) Land Use District in §114-20(1)d.2.; and to revise existing
language to address areas of improper language and incorrect references.; and
WHEREAS, during a regularly scheduled meeting held on January 23, 2012, the Development
Review Committee reviewed the subject request and recommended approval to the Board of
County Commissioners; and
WHEREAS, during a regularly scheduled public hearing held on February 29, 2012, 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 § 114 - 20 shall be amended as follows:
Sec. 114-20. Fences.
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It is the purpose of this section to regulate fences in order to protect the public health,
safety and welfare.
(1) Height. In general, all fences shall be measured from the finished elevation adjacent to
the fence and shall not exceed six feet in height.
a. For properties with access to U.S. 1 and to county designated arterial streets and for
all nonresidential properties with access to any public street, no fence exceeding
three feet shall be located within a clear sight triangle as defined in section 114 -201
that interferes with the safe and adequate view of vehicles and pedestrians utilizing
streets and sidewalks;
b. No fence exceeding three feet shall be located at the intersection of any two public
streets within the clear sight triangle as defined in section 114 -201;
c. For residential properties on local streets, fences located within the clear sight
triangle as defined in section 114 -201 may exceed three feet in height if located on
private property and placed a minimum of ten feet from the edge of pavement of the
street, the sidewalk or the bike path, whichever is closer to the property. On
unpaved streets, the distance shall be measured from the approximate edge of the
cleared right -of -way. If the setback of existing fences on the street is greater than
ten feet the fence shall be setback the same distance or to a maximum of 20 feet,
whichever is less;
d. No fence shall exceed four feet in height within any front yard setback or within
any side yard setback that overlaps with a front yard setback, except as follows:
1. Within all land use districts, fences of five feet in height may be permitted if
constructed of chain -link or other material that does not impair visibility; t'
2. Within the UC, SC, MU, I, MI, and AD Land Use (Zoning) Districts, and when
permitted in a commercial fishing district around storage lots, fences may be
constructed to a height of six feet, provided they are not located within clear
sight triangles as defined in section 114 -201;
3. Within the IS, SR, SR -L, SS and NA Land Use (Zoning) Districts, fences may
be constructed to a height of six feet, provided that no other residentially
developed property is located within 200 feet of the subject property, provided
they are not located within clear sight triangles as defined in section 114 -201;
4. On Stock Island and on Key Haven, fences may be constructed to a height of
six feet, provided they are not located within clear sight triangles as defined in
section 114 -201. Developed single family residential lots may incorporate
entry features of greater than six feet within the fences, provided all of the
following design guidelines are met:
i. The entry feature is defined as a continuous fence or gate, or combination
thereof, located contiguous to and on both sides of the main access and/or
driveway to the property which is designed and intended to control and/or
demarcate the access to the property. An "entry feature" includes all walls,
buttresses, guy wires, integral signs and decorative features attached thereto
up to a maximum width of 12 feet, or 15% of the lot width whichever is
greater, a maximum height of 10 feet, and 4 feet in depth or 6% of the lot
depth whichever is greater, as measured from the front property line; and
ii. The entry feature shall not be located in any side yard setback; and
iii The entry feature shall be compatible with the existing development in the
immediate vicinity, shall be in harmony with the general appearance and
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character of the community, and shall not be otherwise detrimental to the
public welfare; and
iv. The entry feature shall be designed and arranged on the site in a manner that
minimizes aural and visual impact on the adjacent structures while affording
the applicant a reasonable use of the land; and
v. The entry feature shall require a building permit for its construction and in
addition to the normal building permit application requirements, the
application shall include a scaled site plan and elevations for the entry
feature that shows the height, width and length of each element of the entry
feature applied for, including any decorative or non - functional elements;
and identification of the materials composing each element of the structure
(e.g. wire, stone, chain -link, wood, etc.).
e. When it is necessary to use a fence to contain athletic activity, the fence may be
erected to a maximum of 12 feet in height, if it is designed to not impair visibility
and in accordance with community character as determined by the planning
director.
f. When it is necessary to use a fence to contain a public use for safety and/or security
purposes (i.e. high voltage substations, pumping stations, public wastewater
treatment facilities), the fence may be erected to a maximum height provided in
national, state or otherwise recognized industry code, if it is designed in accordance
with community character as determined by the planning director.
(2) Setbacks. In general, fencing may be located anywhere on the property, including the
property line, except as follows:
a. The use of a fence shall not negate bufferyard requirements and standards. The
clearing of existing native vegetation to locate a fence in the bufferyard shall only
be permitted to facilitate the construction of fences located along the inside or
outside edge of the required bufferyard.
b. No fence shall be placed so as to extend into or through any wetlands or water
bodies, or extend beyond the mean high tide line on any property.
c. Fences placed on any structure shall not violate height requirements for that
structure.
d. In no event shall fences be approved if they restrict fire and emergency access to
individual or adjacent properties.
e. Setback requirements for Big Pine and No Name Key are listed in subsection (c) of
this section.
(3) Big Pine and No Name Key. The purpose of this section is to recognize and provide for
the particular habitat needs of the Florida Key Deer (Odocoileus virginianus clavium)
on Big Pine Key and No Name Key so that deer movement throughout Big Pine Key
and No Name Key is not hindered while allowing for reasonable use of minimal
fencing for the purposes of safety and protection of property. In addition to all other
standards set forth in this section, all fences located on Big Pine Key and No Name Key k
shall meet the standards of this subsection as listed below:
a. In the Improved Subdivision (IS) Land Use (Zoning) District, fences shall be set
back as follows:
1. On canal lots, fences shall be set back at least 15 feet from the edge of abutting
street rights -of -way; and built to the edge of all other property lines or as
approved through a U.S. Fish and Wildlife Service coordination letter; and
2. On all other lots, fences shall be set back at least 15 feet from the edge of
abutting street rights -of -way, at least five feet from side property lines and at
least ten feet from the rear property line, or as approved through a U.S. Fish and
Wildlife Service coordination letter.
b. In all other land use districts, fences may enclose up to a maximum of and not to
exceed the net buildable area of the parcel only.
c. Enclosure of the freshwater wetlands by fences is prohibited.
d. All fences shall be designed and located such that Key Deer access to native habitat,
including pinelands, hammocks, beach berms, salt marshes, buttonwoods and
mangroves is maintained wherever possible.
e. All fences shall be designed and located such that Key Deer corridors, as identified
by the U.S. Fish and Wildlife Service, shall be maintained.
f. Fences shall not be permitted without a principal use except where the enclosed
area consists of disturbed lands or disturbed land with exotics.
(4) Use. Fences may be allowed as accessory uses within any Land Use (Zoning) District
and without a principal use existent where upland security is required as otherwise
permitted.
(5) Construction material. Fences shall be constructed of natural or manmade materials,
including, but not limited to, brick, lumber, stone, metal, plaster, concrete and masonry:
a. All materials shall be approved by the planning director as in conformance with the
visual character of the surrounding neighborhood and community character.
b. No barbed or razor wire shall be permitted except in the Industrial (I) and Airport
(AD) Land Use (Zoning) Districts with the approval of the planning director.
(6) Attachments to fences. No attachments to fences shall be allowed, including, but not
limited to, banded and ribbon wire, signs projecting above six feet from the ground
level, broken glass or metal strips except as a minor conditional use permit approval.
The only exception shall be a maximum of two electrical lights attached to the fence
not exceeding two feet in height above the maximum height limit. These lights shall
comply with all outdoor lighting requirements of article VI of this chapter and be
permitted as of right.
(7) Required permit. All fences shall be constructed pursuant to a building permit issued by
the county building department.
(8) Limited clearing. To allow construction of protective fences and gates, limited clearing
may be permitted if the following design standards have been met:
a. Such limited clearing does not occur in scenic highway corridors as defined and
required in this Land Development Code;
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b. Limited clearing shall not remove native vegetation that would provide for the
minimum buffer required in section 114 -124; and
c. Existing tree canopies within hardwood and pineland hammocks are not removed.
(9) Maintenance. All fences shall be maintained in good repair at all times.
* * * * * * *
Section 2. 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 provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. 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 4. 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 5. 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 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. This ordinance
applies to any permit, and or other development approval application submitted after the
effective date.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 21st day of March , 2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
` ` f Commissioner George Neugent Yes
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Att st. DyTY L. KOLHAGE, CLERK
By . By
Deputy Clerk Mayor Da •ce
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MON,L13COUNTY ATTORNEY
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MONROE COUNTY COURTHOUSE BRANCH OFFICE:
500 WHITEHEAD STREET, SUITE 101 � ` GOUNTy .06 PLANTATION KEY
KEY WEST, FLORIDA 33040 i U' ` ' ••P GOVERNMENT CENTER
TEL. (305) 294 -4641 j * . T '> 88820 OVERSEAS HIGHWAY t. FAx (305) 295 -3663
t% i l�l� c j PLANTATION KEY, FLORIDA 33070
;4o ; "� TEL. (305) 852 -7145
BRANCH OFFICE: 1 � � � " ` FAx (305) 852 -7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATIION, 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
April 4, 2012
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 7877
Dear Ms. Cloud,
Enclosed please find a certified copies of the following Ordinances:
Ordinance 004 -2012 amending Monroe County Code Section 138 -50, type of
development not affected; amending criteria used for determination of exemption from the
Nonresidential Rate of Growth Ordinance (NROGO) Permit Allocation System; providing for
severability; providing for repeal of conflicting provisions; providing for the transmittal to the
State Land Planning Agency and Secretary of State; providing for codification; providing for an
effective date.
Ordinance 005 -2012 amending the regulations pertaining to fences in Monroe County
Code Section 114 -20, Fences; providing for severability; providing for repeal of conflicting
provisions; providing for transmittal to the State Land Planning Agency and the Secretary of
State; providing for codification; 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 March 21, 2012. 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: Pamela G. Hancock, D.C.
cc: County Attorney
Growth Management
File
1. . 'ostal Service,,
CERTIFIED MAIL,, RECEIPT
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See Reverse tor Instructions
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• Complete Items 1, 2, and 3. Also complete A. Signature
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or on the front if space permits.
D. Is delivery address different from item 1? ❑ Yes
1. Article Addressed to If YES, enter delivery address below: ❑ No
Ms. Liz Cloud, Program Admin.
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
3. Service Type
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FLORIDA DEPARTMENT Of STATE
6 1
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 11, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letters
dated April 4, 2012 and certified copies of Monroe County Ordinance Nos. 004 -2012 through 006 -2012,
which were filed in this office on April 9, 2012.
Sincerely,
Liz Clou
Program Administrator
LC /srd
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 245 -6282
www.dos.state.fl.us
Final Order No. DEO-12-058
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION M '""'
ADOPTED BY MONROE COUNTY
riM=IsNANCE NO: 005-2012 ' :-
v7.3
-- _ rn
FINAL ORDER r m c
The Department of Economic Opportunity (the "Department") hereby issues its Final
Order, pursuant to § 380.05(6) and § 380.0552(9), Fla. Stat. (2011), approving a land
development regulation adopted by Monroe County Ordinance No. 005-2012 (the "Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by the County on March 21, 2012. The Department
received the Ordinance for review on April 11, 2012.
3. The Ordinance amends Section 114-20, "Fences", of the County's land
development regulations, to allow owners of single family residences on Stock Island and Key
Maven to build entry features taller than six feet if specific design guidelines are met, adds the
County's Mixed Use zoning district to the list of districts subject to the six-foot height limit for
fences, and allows higher fences for utility security in certain circumstances.
1
Final Order No. DEO-12-058
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. § 380.05(6) and (11)
and § 380.0552(9), Fla. Stat.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.03.1(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the principles for guiding development for that
area. § 380.05(6) and § 380.0552(9), Fla. Stat. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Fla. Stat.
7. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically furthers the following Principles:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(f) Enhancing natural scenic resources,promoting the aesthetic benefits of the natural
environment, and ensuring that development is compatible with the unique historic
character of the Florida Keys.
8. The Ordinance is consistent with Goal 102, Objective 102.3 and Policy 102.3.2 of
the Monroe County Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 005-2012 is found
to be consistent with the Principles for Guiding Development of the Florida Keys Area of
Critical State Concern, and is hereby APPROVED.
2
Final Order No. DEO-12-058
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.
Jfeomas Beck, AICP
Director, Division of Community Development
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED
ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN
THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
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
3
Final Order No. DEO-12-058
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 AN-AIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 107 EAST
MADISON STREET, MSC 110, TALLAHASSEE, FLORIDA 32399-4128...
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 ancjorrect copies have been furnished
to the persons listed below by the method indicated thisV day of May, 2012.
-Miriam Snipes, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
4
Final Order No. DEO-12-058
By U.S. Mail:
Honorable David Rice, Mayor Danny L. Kolhage
Monroe County Clerk to the Board of County Commissioners
2798 Overseas Highway, Suite 400 Monroe County
Marathon, FL 33050 500 Whitehead Street
Key West, FL 33040
Christine Hurley Derek Howard, Assistant County Attorney
Growth Management Director 1111 Twelfth Street, Suite 408
2798 Overseas Highway, Suite 400 Key West, FL 33040
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
David L. Jordan, Assistant General Counsel, DCA Tallahassee
5