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Ordinance 004-2012 '444 titt MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 004 - 2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 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 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND SECRETARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, since October 22, 2003, the criteria used to determine exemptions from the Rate of Growth Ordinance (ROGO) permit allocation system have been outlined in Administrative Interpretation #03 -108; and WHEREAS, this text amendment codifies the criteria and process to be used by Monroe County to determine whether or not previously existing or existing nonresidential floor area was lawfully established and thereby exempt from the Nonresidential Rate of Growth Ordinance (NROGO) permit allocation system; and WHEREAS, related to this text amendment petition, the Board of County Commissioners recently passed and adopted Ordinance #015 -2011, which incorporated the criteria to be used by staff to determine whether or not a residential dwelling unit was lawfully established and thereby exempt from the Residential Rate of Growth Ordinance (ROGO) permit allocation system into § 138 -22 of the Monroe County Code; and WHEREAS, Monroe County Code Section 138 - 50(4), which provides exemptions to the k Nonresidential Rate of Growth Ordinance (NROGO) permit allocation system for new nonresidential floor area associated with federally tax - exempt not - for -profit organizations, is inconsistent with Policy 101.3.4 of the Comprehensive Plan. This text amendment petition revises the language and provisions of the Monroe County Code to be consistent with that of the Comprehensive Plan; and s Page 1 of 6 • 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 138 - 50 shall be amended as follows: Sec. 138 Type of development not affected. The NROGO shall not apply to the development described below: (1) Development with no net increase in nonresidential floor area. The redevelopment, rehabilitation or replacement of any lawfully established nonresidential floor area which does not increase the amount of nonresidential floor area greater than that which existed on the site prior to the redevelopment, rehabilitation or replacement. The planning director shall review available documents to determine if a body of evidence exists to support the existence of nonresidential floor area on or about September 19, 2001, the effective date of the original NROGO. Such evidence shall } be documented and submitted to the planning director on a form provided by the planning department. The application shall include, at a minimum, at least two of the following documents: a. Any issued Monroe County building permit(s) supporting the existence of the structure(s) and its use(s) on or about September 19, 2001; b. Documentation from the Monroe County Property Appraiser's Office indicating non - residential use on or about September 19, 2001; c. Aerial photographs and original dated photographs showing the structure(s) existed on or about September 19, 2001; d. Nonresidential County Directory entries on or about September 19, 2001; e. Rental, occupancy or lease records, on or about September 19, 2001, indicating the number, type and term of the rental or occupancy; f. State and/or County licenses, on or about September 19, 2001, indicating the nonresidential use; g. Documentation from the utility providers indicating the type of service (commercial or residential) provided and the number of meters in existence on or about September 19, 2001; and h. Similar supporting documentation not listed above as determined suitable by the planning director. Page 2 of 6 Nonresidential floor area established after the effective date of the original NROGO should be documented through the NROGO permit allocation system. Such nonresidential floor area that received such an NROGO allocation(s) that was constructed may be lawfully established through verification of the certificate of completeness /occupancy alone. Provision of affidavits to support the existence of nonresidential floor area is allowed, but affidavits cannot be the sole record upon which a decision is based. Other than files in which the Growth Management Division is custodian, provision of documents is the responsibility of the applicant. Nonresidential floor area determined to be exempt from the NROGO per this subsection that has not been previously acknowledged by the planning director may also be a nonconformity, pursuant to Chapter 102, Article III Nonconformities. Such occasions shall require a separate determination by the planning director as to the lawfulness of the nonconformity. (2) Areas exempted from residential ROGO. Any area of the unincorporated county exempted from residential ROGO as provided for in section 138 -22. (3) Public /governmental uses. Public /governmental uses, including capital improvements and public buildings, both as defined in section 101 -1. (4) Development activity for certain not-for-profit organizations. Except for the nonpublic institutional uses on Big Pine Key and No Name Key pursuant to section 138 -49, nonresidential development activity within tier III designated areas by federally tax exempt not - for -profit educational, scientific, health, religious, social, cultural and recreational organizations which predominately serve the county's non- transient population, if approved by the board of county commissioners after review and recommendation by the planning director and planning commission. This exemption is subject to the condition that a restrictive covenant be placed on the property prior to the issuance of a building permit. The restrictive covenant shall run in favor of the county for a period of at least 20 years. Any change in the use or ownership of the property subject to this restrictive covenant shall require prior approval by the planning commission, unless the total floor area exempted by the planning commission is obtained through an off -site transfer of floor area and/or nonresidential floor area allocation. If the total amount of floor area that is transferred and/or allocated meets or exceeds the total amount of floor area exempted, the restrictive covenant shall be vacated by the county. This exemption is not applicable to nonresidential development proposed within any tier I or tier III -A (special protection area) designated areas. (5) Vested rights. Landowners with a valid, unexpired development of regional impact approval granted by the county prior to January 4, 1996, (effective date of the Page 3 of 6 comprehensive plan) or an approved vesting determination by the county from the nonresidential allocation requirements of this section and the comprehensive plan. (6) De minimis expansion of nonresidential floor area. The cumulative expansion, after January 4, 1996, of any existing nonresidential floor area by 100 square feet or less. (7) Industrial uses. Industrial uses in the maritime industrial (MI) and the industrial (I) land use districts, provided that the floor area is restricted to manufacturing, assembly, wholesaling, and distribution uses. All other uses which may be permitted in the land use district are subject to the requirements of this article and will require an NROGO allocation. (8) Agriculture /aquacultural uses. Lawfully established agricultural and aquacultural uses in the agricultural and aquaculture use overlay (A). (9) Sunshade. a. Unenclosed sunshades comprising in total not more than 200 square feet may be permitted for an existing lawfully established use. b. That portion of an uncovered, unenclosed boat rack or boat barn floor area not associated with retail sales of boats and which does not exceed 50 percent of any site's net buildable area is not governed by NROGO. (10) Transfer off-site of existing nonresidential floor area. The demolition and transfer of site of nonresidential floor area from a sender site and the development of the transferred nonresidential floor area on a receiver site in accordance with the following procedures and criteria: a. Eligibility of sender floor area. Only nonresidential floor area within an enclosed structure, as defined in section 101 -1, not including uncovered areas designated for food and beverage services and seating, shall be eligible for transfer. Nonresidential floor area shall be lawfully established floor area or have received an NROGO allocation or transfer of floor area after September 19, 2001. b. Criteria for redevelopment of nonresidential floor area off -site. In order to redevelop off -site, a receiver site shall be evaluated for site conditions and shall meet all of the following criteria: 1. Is located within a tier III designated area and, if on Big Pine Key, is located within the designated community center overlay area; 2. Is located within the same ROGO subarea as the sender site, except that for a receiver site on Big Pine Key, the sender site shall also be located on Big Pine Key or No Name Key; 3. Is not a commercial very high- intensity retail use which will generate more than 150 vehicle trips per 1,000 square feet of floor area; 4. Is not located within a V special flood hazard zone; 5. Does not propose the clearing within a tier III -A (special protection area) designated area of any portion of an upland native habitat patch of one acre or greater in area; Page4of6 6. If on Big Pine Key, is not in a more restrictive tier category than the sender site, and no transfer shall be allowed into tier 1; 7. Is not located in a coastal barrier resources system; and 8. Is not located in an offshore island/conservation land protection area. c. Limitations on the amount of nonresidential floor area which may be transferred to any one site. The amount of nonresidential floor area which may be transferred to any one site shall be as follows: 1. No more than a maximum cumulative total of 4,000 square feet of nonresidential floor area may be transferred to any one site. 2. A receiving structure with existing nonresidential floor area shall not be expanded using transferred floor area if the expansion results in a structure with more than 10,000 square feet of nonresidential floor area, except within the urban commercial land use district, where a structure may be expanded to a maximum total of 50,000 square feet of nonresidential floor area. 3. The amount of nonresidential floor area that may be transferred to or from a site shall not be less than 200 square feet and shall be in increments of 100 (i.e., 200, 300, 400, etc.) square feet. d. Procedures for transfer of nonresidential floor area. The following procedures shall be followed for permitting transfer of nonresidential floor area off -site: 1. A pre - application conference and, at a minimum, a minor conditional use permit approval shall be required for both the sender site and the receiver site. ti 2. The sender nonresidential floor area shall be assigned a unique identifier number for each 100 square foot increments, that shall be used for tracking and monitoring by the planning department. The unique identifier number shall be itemized in the minor conditional use permit development orders and building permits required for both the sender and receiver sites. All floor area to be transferred shall be rounded to the nearest 100 square feet. 3. No building permit shall be issued for the nonresidential floor area on the receiver site until the sending site structure is demolished as per an issued demolition permit and a final inspection for the demolished floor space has been completed by the building department. 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. Page 5 of 6 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 Commissioner George Neugent Yes MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Csi W By C� rCL c ° c , Mayor David Rice C MONROE COUNTY ATTORNEY APPROVED S TO FORM -Attu. DAY L. KOLHAGE, =CLERK , c. Date: By Deputy Clerk Page 6 of 6 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 r ` (Domestic Mail Only; No Insurance Coverage Provided) N For delivery information visit our website at www.usps.com, 1 � , ru Postage $ ° ,V ,SST, F� Certified Fee O Retum Receipt Fee Postmark O 414 (Endorsement Required) AM 1132012 �' Restricted Delivery Fee ° (Endorsement Required) —1:1 Total Postage & Fees r-1 Pro• r. • iwutz It sr �s p 5 ,� Sent To Administr ive Code and ee y �a ° Street, Apt .IV174;A; e 7 City, state, z QQ'$011tiL �[Ol1QU1.a�'1tG @P.t allahassee, Florida 32399 -0250 0 PS Form 3800. August 2006 See Reverse tor Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. x DEPT. OF STATE° Agent • Print your name and address on the reverse ❑ Addressee so that we can return the card to you. B. Received by ( litt1 LU pl,q C. Date of Delivery • Attach this card to the back of the mailpiece, piny lJ i G 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 iiCertified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise Ordinance Nos. 004 & 005 -2012 ❑Insured Mall ❑ C.O.D. 00‘. Z o 12, 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 1670 0001 0244 7877 (Transfer from service labe0 PS Form 3811, February 2004 Domestic Retum Receipt 102595 - - 154 0 aVj I Ke.'t - 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 1 CT ti n CD 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 -059 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY ra o In re: A LAND DEVELOPMENT REGULATION - _ ADOPTED BY MONROE COUNTY ORDINANCE NO. 004 -2012. .t— cJ / .Q FINAL ORDER (-) O : The Department of Economic Opportunity (the "Department ") hereby issues its Finial ° Order, pursuant to § 380.05(6) and § 380.0552(9), Fla. Stat. (2011), approving a land development regulation adopted by Monroe County Ordinance No. 004 -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 138 -50 of the County's land development regulations, to specify the documents required for an exemption from the nonresidential rate of growth ordinance and provide guidance for a sufficiency review of documents by the Planning Director to establish that a particular project is not subject to the nonresidential rate of growth ordinance. 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. 1 Final Order No. DEO -12 -059 5. "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(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. (g) Protecting the historical heritage of the Florida Keys. (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource. 8. The Ordinance is consistent with Objective 101.3 and Policy 101.3.4 of the Monroe County Comprehensive Plan. WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 004 -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 i Final Order No. DEO -12 -059 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. 3-. / . Thomas 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 -059 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 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 d perrect copies have been furnished to the persons listed below by the method indicated this of May, 2012. Miriam Snipes, A ency Clerk Department of Economic Opportunity 107 East Madison Street, MSC 110 Tallahassee, FL 32399 -4128 4 Final Order No. DEO -12 -059 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