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Ordinance 027-2012 le\ m 34 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 027 - 2012 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 118 -9, OPEN SPACE REQUIRMENTS; TO ADDRESS THE CLEARING OF UPLAND NATIVE VEGETATION TO BE CONSISTENT WITH THE MONROE COUNTY 2010 COMPREHENSIVE PLAN, 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, during a regularly scheduled meeting held on June 26, 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 June 27, 2012, the Monroe County Planning Commission conducted a review and consideration of a request filed by the Planning & Environmental Resources Department for text amendments to §118-9 of the Monroe County Code (MCC) and recommended approval to the Board of County Commissioners; and WHEREAS, this text amendment revised the existing open space requirements by adopting clearing limits for upland native vegetation to ensure the continued existence of natural wildlife habitat and to provide open green areas for the movement, aesthetics, and safety of the human population utilizing the development; and WHEREAS, at their February 13, 2012 meeting, the Board of County Commissioners passed Resolution #020 -2012 to transmit a Comprehensive Plan text amendment to the State of State Land Planning Agency revise the clearing limits for high quality and moderate quality tropical hammocks and to strengthen the protection of hardwood hammocks; and WHEREAS, on May 4, 2012, the State Land Planning Agency issued an Objections, Recommendations and Comment (ORC) Report to Monroe County on the proposed Comprehensive Plan amendment which did not identify any objections, or comments related to important state resources and facilities that will be adversely impacted by the amendment, if they are adopted. NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section 118 - 9 shall be amended as follows: Sec. 118 - 9. Clearing Allowances. (a) Purpose. It is the purpose of this section to provide for open space as a part of a development plan in order to ensure the continued existence of natural wildlife habitat and to provide open green areas for the movement, aesthetics, and safety of the human population utilizing the development. Native plant communities within required open space areas shall not be cleared or otherwise disturbed, including ground cover, understory, midstory, and canopy vegetation. All such areas shall be maintained in their natural condition. (b) Percentage of clearing. Clearing of upland native vegetation communities in tiers I, II, III, and III -A shall be limited to the following percentages: Tier Permitted Clearing* I 20 percent or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetation. The clearing of parcels in Tier I shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the planning director. The proposed driveway design shall minimize fragmentation; avoid specimen trees; and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 20 percent of the entire site. II 40 percent or 3,000 square feet, whichever is greater; but no greater than 7,500 square feet of upland native vegetation (Big Pine Key and No Name Key only). III 40 percent of upland native vegetation or 3,000 square feet, whichever is greater; however, the maximum amount of clearing shall be no more than 7,500 square feet of upland native vegetative area. The clearing of parcels in Tier III shall be limited to 7,500 square feet per parcel. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the planning director. The proposed driveway design shall minimize fragmentation; avoid specimen trees; and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 20 percent of the entire site. III -A 40% or 3,000 square feet, whichever is greater; however, clearing shall Special not exceed 7,500 square feet of upland native vegetation. o protection The clearing of parcels in Tier III -A shall be limited to 7,500 square feet Area per parcel. For parcels greater than 30,000 square feet, with the exception of parcels on Big Pine Key and No Name Key, clearing for one driveway of reasonable configuration up to 18 feet in width is permitted to provide reasonable access to the property for each parcel and shall be exempt from maximum clearing limit of 7,500 square feet. Clearing for a driveway shall be recommended by a County biologist and approved by the planning director. The proposed driveway design shall minimize fragmentation; avoid specimen trees; and take the shortest reasonable route. In no case shall clearing, including the driveway, exceed 20 percent of the entire site. *Palm or cactus hammock is limited to only ten percent. (c) Baseline conditions. The legal conditions of land existing as of February 28, 1986, and as depicted on the December 1985 Habitat Classification Aerial Photographs, shall be used as a baseline to determine the clearing that may be permitted on a site. The 1985 maps shall be supplemented by recent aerial photography and existing site analysis to determine any increases in the amount of upland native vegetated areas. Upland native vegetated areas cleared between 1986 and the time of permit application shall be considered to still include upland native vegetation for purposes of determining the amount of open space and clearing permitted. (d) Ocean Reef Club clearing. For the purpose of this section, upland native vegetated areas in Ocean Reef Club shall be limited to clearing of 40 percent of the upland native vegetated areas. (e) Lot aggregation and clearing. For ROGO applications that receive points for lot aggregation under section 138 - 28(3), permitted clearing of vegetation shall be limited to the percentage of the property indicated in subsection (b) of this section or 7,500 square feet, whichever is less. (f) Vesting provisions. Applications for building permits received prior to January 13, 2013, and any building permits issued or to be issued pursuant to an active conditional use permit development order approved prior to January 13, 2013, shall be permitted to use the clearing allowances in effect at the time of building permit application or approved in the conditional use permit. Any revisions to the extent of clearing approved by the building permits or conditional use permits referenced above shall be required to comply with the clearing limits currently in effect. * * * * * * * 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. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) 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 September , 2012. Mayor David Rice Yes Mayor Pro Tem Kim Wigington Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Davi ice (SEAL) •RNEY ATTEST: DANNY L. KOLHAGE, CLERK t . RM Date: / • m DEPUTY CLERK - s rn o MONROE COUNTY COURTHOUSE Q t.. 500 WHITEHEAD STREE'1, SUITE 101 y couNr� � BRANCH OFFICE: ���.••,„ , c PLANTATION KEY KEY WEST, FLORIDA 33040 ea ° ,' ••P GOVERNMENT CENTER TEL. (305) 294 -4641 : ._ 1r' t 88820 OVERSEAS HIGHWAY FAX (305) 295 -3663 , ; • • , �E�(li ; . PLANTATION KEY, FLORIDA 33070 o s 4 • : o � TEL. (305) 852 -7145 BRANCH OFFICE: `I FAX FAX (305) 852 -7146 MARA SUEZ COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARAT FLORIDA 33050 50 HIGH POINT ROAD TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070 FAX (305) 289 -1745 www.clerk -of- the- court.com TEL (305) 852 -7145 FAX (305) 853 - 7440 October 1, 2012 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7012 1010 0003 4990 5033 Dear Ms. Cloud, Enclosed please find certified copies of the following: Ordinance No. 021 -2012 amending Monroe County Code Section 138 -28 and 138 -55 of the Monroe County Land Develoment Code, in order to revise the Residential Rate of Growth Ordinance (ROGO) and Nonresidential Rate of Growth Ordinance (NROGO) permit allocation scoring systems to adjust the ROGO and NROGO point values for the dedication of land designated as Tier III -A or which contains undisturbed wetlands and to assign negative points to Tier III parcels that contain submerged lands and /or wetlands requiring 100% open space pursuant to Policies 102.1.1 and 204.2.1 and that are located adjacent to or contiguous to Tier I properties, to be consistent with the amendments to the Comprehensive Plan. Ordinance No. 022 -2012 amending the Livable CommuniKeys Program Master Plan for Future Development of Big Pine Key and No Name Key, by amending the tier designation as directed by the Board of County Commissioners in Resolution 562 -2003, for property owned by Seacamp, having Real Estate Numbers 00112030- 000000, 00246950- 000000, 00246960 - 000000, 00246970 - 000000, 00264980 - 000000, 00246990 - 000000, 00274140 - 000000, 00247150- 000000, 00247160 - 000000, 00247170 - 000000, and 00247180- 000000 from undesignated and Tier I to Tier III on Figure 2.1 (Tier Map for Big Pine Key and No Name Key), and amending the tier designation for the Seacamp property, as listed in Table 2.7, Institutional Uses. Ordinance No. 024 -2012 to amend Sections 138 -19, 138 -25, 138 -47 and 138 -52 of the Monroe County Code to require the submittal of updated building plans meeting the current Florida Building Code (FBC) and other life safety codes prior to issuance of a building permit, but after a ROGO or NROGO allocation is awarded. Ordinance No. 025 -2012 establishing Section 110 -144 of the Monroe County Code, creating a regulation directing Growth Management Division staff on how to review and act upon building permit applications for a site with a known unlawful use that is prohibited by the Land Development Code. Ordinance No. 026 -2012 amending Policies 101.4.22 and 205.2.7 and creating Policy 101.4.23 to address the clearing of upland native vegatation, as required to address the tasks identified in the 30 -day Reports from the Administrative Commission. Ordinance No. 027 -2012 amending Section 118 -9 of the Monroe County Land Development Code, in order to revise the regulations pertaining to the clearing of upland native vegetation and implement the recommendations of the Administrative Commission and the State Land Planning Agency (Department of Economic Opportunity) pursuant to Rule 28 -20, F.A.C. and the Policies of the Monroe County 2010 Comprehensive Plan. Ordinance No. 028 -2012 amending the Monroe County 2010 Comprehensive Plan, creating Policy 101.4.20 discouraging private applications for future land use changes which increase allowable density /intensity and creating a mechanism for increases density and intensity by donating IS lots (1:1 basis) or acreage (2:1 basis) to the County that contains non - scarified native upland habitat or wetland habitat. Ordinance No. 029 -2012 amending Policies 101.5.4 and 101.5.5 of the Monroe County 2010 Comprehensive Plan to allow within the allocation point system, the land dedication of wetland parcels and parcels designated Tier II and Tier III -A in exchange for points in the point systems. Ordinance No. 030 -2012 amending Policies 101.5.4 and 101.5.5 to revise the Permit Allocation Scoring Systems (ROGO and NROGO) to assign negative points to Tier III Parcels that contain submerged lands and or wetlands requiring 100% open space pursuant to Policies 102.1 and 204.2.1 and that are locted adjacent to or contguous to Tier I properties. Ordinance No. 031 -2012 amending Policy 101.20.2 to add Section 6 incorporating the Lower Keys Livable CommuniKeys Plan into the Monroe County 2010 Comprehensive Plan by reference. Ordinance No. 032 -2012 amending Policy 101.4.5 to revise the Mixed Use /Commercial (MC) Future Land Use Map (FLUM) category description and amending Policy 101.4.21 to assign the Maritime Industries (MI) Zoning District to the MC FLUM category, amending the maximum net density range from 6 -18 dwelling units per buildable acre to 2 -18 dwelling units per buildable acre and the including maximum intensity range for the MI zoning within the MC FLUM category, and to clarify the footnotes within the table. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on September 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: Growth Management County Attorney via e File/ U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT m m (Domestic Mail Only; No Insurance Coverage Provided) 0 For delivery information visit our website at www.usps.comn ■•ss "r• .P.M r z 1 Ir. h 1 0 tr Postag E�1rm! s M Certified Fee si 7 0 0 �ostmark Return Receipt Fee Here 0 (Endorsement Required) N Restricted Delivery Fee $0.1 - 0 r-R (Endorsement Required) �� //� j � .jS -- s 0 Total Poster pJ.:._ �. S III IFI 'r i Q li o rl Sent To Adrninibltdtive Cede and Wookly • ru R A_Gray_auilding. 0 Street, Apt. No lti or PO Box Nob 00 South Bronough Street Cit State, ZiF 4iiaF assee, Frortta -4250 PS Form 3800. August 2006 See Reverse for 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. ❑ Agent X • Print your name and address on the reverse DEPT. OF STATE ❑ Addressee so that we can return the card to you. B. Received rated C. Date of Delivery • Attach this card to the back of the mailpiece, �'d.P* 5 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 Program Administrator Administrative Code and Weekly R.A. Gray Building _ 500 South Bronough Street 3. Serice Type "allahassee, Florida 32399 - 0250 "" ❑ Retum M l ❑ Registered ❑ Return Receipt for Merchandise 61..o&- v:p.w 0 21 ,ot 2.. e 7. — 032_ ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 012 1010 0003 4990 5 0 3 3 (Transfer from service label) PS Form 3811, February 2004 Domestic Retum Reesyi3 102595-02- M-1540 Atli sz r t 1 0)f) W I - - 141. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State October 8, 2012 Honorable Danny L. Kolhage Clerk of the 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 October 1, 2012 and certified copies of Monroe County Ordinance Nos. 021 -2012, 022 -2012, and 024 -2012 thru 032 -2012 which were filed in this office on October 5, 2012. Sincerely, r 6 Liz Cloud Program Administrator LC/elr 3 r.-, - r7 — `r'1 N a � =P ° © c r-j N N O R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us Final Order No. DEO -12 -150 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY 3 ® -n iry r rn � r rn C1 Fr' C7 In re: A LAND DEVELOPMENT REGULATION ._ ADOPTED BY MONROE COUNTY, FLORIDA, ''' o ORDINANCE NO. 027 -2012 a } m N FINAL ORDER v `Z% The Department of Economic Opportunity ( "Department ") hereby issues its Final Order, pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat., approving land development regulations adopted by Monroe County, Florida, Ordinance No. 027 -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 Monroe County on September 21, 2012, and rendered to the Department on October 19, 2012. 3. The Ordinance amends Section 118 -9 of the Monroe County Code, "Clearing Allowances," to address clearing of upland native vegetation to be consistent with the Monroe County 2010 Comprehensive Plan. The Ordinance limits the amount of clearing allowed on lots or parcels in Tier I, Tier II, Tier III and Tier III -A Special Protection Area; provides an exception to the 7,500 clearing limitation for a driveway on lots designated Tier III and Tier III -A Special Protection Area that exceed 30,000 square feet, except for parcels on Big Pine Key and No Name Key; and requires approval of the clearing by a County biologist and the Planning Director. Clearing remains limited to a maximum of 7,500 square feet (except for certain driveways in Tiers III and III -A described above), must minimize fragmentation and avoid specimen trees, and driveway design must take the shortest reasonable route. 1 Final Order No. DEO -12 -150 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. Monroe County is a local government in the Florida Keys Area of Critical State Concern. 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 aea 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 Policy 101.4.22 of the Monroe County Comprehensive Plan as amended by adoption of the County's 12 -2ACSC comprehensive plan amendment package. WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 027 -2012 is found 2 Final Order No. DEO -12 -150 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 Register unless a petition is timely filed as described in the Notice of Administrative Rights below. DONE AND ORDERED in Tallahassee, Florida. k k _ 1 OMAS 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 3 Final Order No. DEO -12 -150 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, CONDUCT CROSS - EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND 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 FINAL ORDER. A PETITION IS FILED WHEN IT IS RECEIVED BY: AGENCY CLERK DEPARTMENT OF ECONOMIC OPPORTUNITY 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. 4 Final Order No. DEO -12 -150 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 orrect copies have been furnished to the persons listed below by the method indicated this ay of December, 2012. Miriam Snipes, ncy Clerk Department of Economic Opportunity 107 East Madison Street, MSC 110 Tallahassee, FL 32399 -4128 By U.S. Mail: The Honorable George Neugent Mayor, Monroe County 500 Whitehead Street Key West, FL 33040 Amy Heavilin, Clerk Ad Interim Monroe Co. Board of County Commissioners 500 Whitehead Street Key West, FL 33040 Christine Hurley, Director Monroe County Growth Management Division 2798 Overseas Highway, Suite 400 Marathon, FL 33050 By Hand Delivery or Interagency Mail: Rebecca Jetton, ACSC Administrator, DEO Tallahassee Sherry A. Spiers, Assistant General Counsel, DEO Tallahassee 5