Ordinance 005-2013MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 005 - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE CHAPTER 102, ADMINISTRATION, ARTICLE III,
NONCONFORMITIES; ADDRESSING NONCONFORMITY OF
WATER - DEPENDENT AND WATER - RELATED COMMERCIAL
USES AND STRUCTURES AS A PRIMARY SOURCE OF
ECONOMIC SUSTAINABILITY AS ADDRESSED IN THE KEY
LARGO AND TAVERNIER COMMUNIKEYS PLANS; UPDATING
THE PROVISION RELATED TO THE REGISTRATION OF
NONCONFORMING USES AND STRUCTURES; 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 regulations within Chapter 102, Administration, Article III of the Monroe
County Code are insufficient to address modifications to a lawfully established water - dependent
and water - related commercial nonconforming use or structure located in the Tavernier or Key
Largo planning area as described their respective CommuniKeys Plans; and
WHEREAS, the provisions related to the registration of nonconforming uses and structures
should be revised to allow the Planning & Environmental Resources Department to maintain a
registry of lawful nonconforming uses and structures; and
WHEREAS, during a regularly scheduled meeting held on August 28, 2012, the Monroe County
Development Review Committee reviewed the ordinance and the Chair recommended approval
to the Board of County Commissioners; and
WHEREAS, during a regularly scheduled public meeting held on September 26, 2012, the
Monroe County 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:
Page 1 of 7
Section 1. The Monroe County Code shall be amended as follows:
Sec. 102-54. Purpose.
The purpose of this article is to regulate and limit the continued existence of uses and structures
established prior to the date of the enactment of the ordinance from which this Land
Development Code is derived (September 15, 1986) and/or prior to the date of the enactment of
a subsequent ordinance amending a land development regulation within this Land
Development Code that do not or no longer conform to the provisions of this Land
Development Code. Many nonconformities may continue, but the provisions of this article are
designed to curtail substantial investment in nonconformities and to bring about their eventual
elimination in order to preserve the integrity of this Land Development Code.
Sec. 102 -55. Registration
All known, lawful nonconforming uses and structures may be registered with the planning &
environmental resources department. In the course of its duties related to development review,
staff of the planning department shall identify and recognize nonconforming uses and
structures. Property owners may also independently apply to the planning department for such
determinations. Once discovered and determined to be lawful, the planning director, or his or
her designee, shall add recognized lawful nonconforming uses and structures to an official
registry.
Sec. 102 -56. Nonconforming uses.
(a) Authority to continue. Nonconforming uses of land or structures may continue in
accordance with the provisions of this section. Notwithstanding any provision of this
section or of this Land Development Code or the Comprehensive Plan:
(1) Leases, subleases, assignments or other occupancy agreements for compensation for
less than 28 days in duration shall be discontinued and shall not be renewed, extended
or entered into, in any district that prohibits vacation rental uses after the effective date
of the ordinance from which this section is derived (September 15, 1986) unless a
vacation rental use was established and obtained all required state and local permits and
licenses prior to September 15, 1986, under previous Code provisions expressly
allowing vacation rental uses; and
(2) Leases, subleases, assignments or other occupancy agreements for compensation of RV
spaces for six months or more within a particular RV park, other than in a designated
storage area shall be discontinued and shall not be renewed, extended or entered into,
after the effective date of the ordinance from which this section is derived (September
15, 1986).
(b) Ordinary repair and maintenance. Normal maintenance and repair to permit continuation
of nonconforming uses registered in accordance with section 102 -55 may be performed.
(c) Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed
so as to prevent:
Page 2 of 7
(1) Enlargement of nonconforming uses by additions to the structure in which such
nonconforming uses are located; or
(2) Occupancy of additional lands.
(d) Relocation. A structure in which a nonconforming use is located shall not be moved unless
the use thereafter shall conform to the limitations of the land use district into which it is
moved.
(e) Change in use. A nonconforming use shall not be changed to any other use unless the new
use conforms to the provisions of the land use district in which it is located.
(f) Termination.
(1) Abandonment or discontinuance. Where a nonconforming use of land or structure is
discontinued or abandoned for six consecutive months or one year in the case of stored
lobster traps, then such use may not be reestablished or resumed and any subsequent
use must conform to the provisions of this Land Development Code and the
Comprehensive Plan. Leases, subleases, assignment or other occupancy agreement for
compensation for less than 28 days in duration shall be discontinued and shall not be
renewed, extended or entered into, in any district that prohibits vacation rental use after
the effective date of the ordinance from which this section is derived, September 15,
1986. Leases, subleases, assignments or other occupancy agreements for compensation
of RV spaces for six months or more within a particular RV park, other than in a
designated storage area, shall be discontinued and shall not be renewed, extended or
entered into, after the effective date of the ordinance from which this section is derived
(September 15, 1986).
(2) Damage or destruction. Except as provided in section 110 -65, if a structure in which a
nonconforming use is located is damaged or destroyed so as to require substantial
improvement, then the structure may be repaired or restored only for uses that conform
to the provisions of the land use district in which it is located. Fair market value shall be
determined by reference to the official tax assessment rolls for that year or by an
appraisal by a qualified independent appraiser. The extent of damage or destruction
shall be determined by the building official, in consultation with the planning director,
by comparing the estimated cost of repairs or restoration with the fair market value.
(3) Damage and destruction in commercial fishing districts (CFA, CFV and CFSD). In the
CFA, CFV and CFSD land use districts, nonconforming uses lawfully existing as of
September 15, 1986, may be rebuilt even if 100 percent destroyed, provided that they
are rebuilt to preexisting use, building footprint and configuration without increase in
density or intensity of use and registered in accordance with section 102 -55.
(4) Damage and destruction of water - dependent and water - related commercial
nonconforming uses. Lawfully established water - dependent and water - related
commercial uses which are identified as a source of economic sustainability within a
Livable CommuniKeys Plan may be permitted to be rebuilt even if 100 percent
destroyed provided that they are rebuilt to preexisting use and registered in accordance
with section 102 -55. Development shall be brought into compliance to the maximum
extent practical, as determined by the planning director. For purposes of this section,
the planning director, or his or her assigned designee, shall review available documents
Page 3 of 7
to determine if a body of evidence exists supporting the lawful establishment of the use
prior to the change in regulation that deemed the use nonconforming. Such evidence
shall include, at a minim at least two of the following documents:
a. Any issued Monroe County building permit(s) approving or supporting the
existence of the structure(s) and/or use;
b. Documentation from the Monroe County Property Appraiser's Office supporting
the existence of the structure(s) and/or use;
c. Aerial photographs and original dated photographs showing the structure(s) existed
on site;
d. State and/or county licenses, supporting the existence of the structure(s) and/or use;
e. Documentation from the utility providers indicating the type of commercial service
provided; and
f. Similar supporting documentation not listed above as determined suitable by the
planning director.
Sec. 102 -57. Nonconforming structures.
(a) Authority to continue. A nonconforming structure devoted to a use permitted in the land use
district in which it is located may be continued in accordance with the provisions of this
section.
(b) Ordinary repair and maintenance. Normal maintenance and repair of nonconforming
structures registered in accordance with section 102 -55 may be performed.
(c) Enlargements and extensions. Nonconforming structures that are used in a manner
conforming to the provisions of this Land Development Code may be enlarged or extended,
provided that the nonconformity is not further violated.
(d) Relocation. A nonconforming structure, other than an historic structure listed on the
National Register of Historic Places the Florida Inventory of Historic Places, and/or
designated as historic by the board of county commissioners, shall not be moved unless it
thereafter shall conform to the regulations of the land use district in which it is located.
(e) Termination.
(1) Abandonment. Where a nonconforming structure is abandoned for 12 consecutive
months, then such structure shall be removed or converted to a conforming structure.
(2) Damage or destruction.
a. Any part of a nonconforming structure that is damaged or destroyed to the extent
of less than 50 percent of the fair market value of such structure may be restored as
of right if a building permit for reconstruction shall be issued within six months of
the date of the damage.
b. Except as provided in section 134 -56, chapter 122, in regard to mobile homes, and
section 130 -162, any nonconforming structure that is damaged or destroyed so as to
require substantial improvement may be repaired or restored only if the structure
conforms to the provisions of the land use district in which it is located. Fair market
Page 4 of 7
value shall be determined by reference to the official tax assessment rolls for that
year or by an appraisal by a qualified independent appraiser. The extent of damage
or destruction shall be determined by the building official, in consultation with the
planning director, by comparing the estimated cost of repairs or restoration with the
fair market value.
(f) Water - dependent and water - related commercial nonconforming structures. Lawfully
established water - dependent and water - related nonresidential structures which are
identified as a source of economic sustainability within a Livable CommuniKeys Plan may
be permitted to be rebuilt even if 100 percent destroyed provided that they are rebuilt to
preexisting use and registered in accordance with section 102 -55. Development shall be
brought into compliance to the maximum extent practical, as determined by the planning
director. For purposes of this section, the planning director, or his or her assigned designee,
shall review available documents to determine if a body of evidence exists supporting the
lawful establishment of the structure prior to the change in regulation that deemed the
structure nonconforming. Such evidence shall include, at a minimum, at least two of the
following documents:
(1) Any issued Monroe County building permit(s) approving or supporting the existence of
the structure(s) and/or use;
(2) Documentation from the Monroe County Property Appraiser's Office supporting the
existence of the structure(s) and/or use;
(3) Aerial photographs and original dated photographs showing the structure(s) existed on
site;
(4) State and/or county licenses, supporting the existence of the structure(s) and/or use;
(5) Documentation from the utility providers indicating the type of commercial service
provided; and
(6) Similar supporting documentation not listed above as determined suitable by the
planning director.
Sec. 102 -58. Nonconforming accessory uses and accessory structures.
No nonconforming accessory use or accessory structure shall continue after the principal
structure or use shall have terminated unless such structure or use thereafter shall conform to
the provisions of the land use district in which it is located.
Sec. 102-59. Nonconforming signs, parking, landscaping, fighting, access, and bufferyards.
In no event later than three years from the effective date of the ordinance from which this Land
Development Code is derived (September 15, 1986), nonconforming signs and all uses that are
nonconforming due to failure to comply with the standards of chapter 114, articles III —VI and
chapter 142, shall bring their properties into compliance with these provisions whenever
substantial improvements or change of use are proposed or, if such is physically impossible
due to site size, the physical layout of structure on and adjoining the site, into compliance to the
maximum extent practical.
Page 5 of 7
Sec. 102-60. Nonconforming live - aboard vessels.
Notwithstanding any other provision of this Land Development Code, live - aboard vessels in
use on the effective date of the ordinance from which this Land Development Code was
derived (September 15, 1986) shall comply with each and every requirement of this Land
Development Code on or before one year after the effective date of the ordinance from which
this Land Development Code is derived (September 15, 1987).
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. 3 80.05 52(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.
Page 6 of 7
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 16th day of January , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
By
Deputy Clerk
B AwrY
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Mayor George Neugent
§v'ONHOE COUNTY ATTORNEY
��APPROVED AS TO FORM:
SI,d.';�AN M. GRIMS Y
ASSISTANT COUNTY ATTORNEY
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Page 7 of 7
MONROE COUNTY COURTHOUSE
500 W HI'rEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX(305)289 -1745
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BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX(305)852 -7146
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the- court.com
February 8, 2013
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Ms. Cloud,
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Via Certified Mail 70121010 0003 4990 5101
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 005 -2013 amending Monroe County Land Development Code (LDC)
Chapter 102, Administration, Article III, Nonconformities, to allow nonconforming water -
dependent and water - related commercial uses and structures to rebuild pre- existing uses and
structures if denoted as a primary source of economic sustainability and addressed in the Key
Largo and Tavernier CommuniKeys Plans and updating the existing provision related to the
registration of nonconforming uses and structures; providing for severability; providing for the
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.
Ordinance No. 006 -2013 amending Section 17 -2 and Section 25 -35 and creating Section
17 -6, of the Monroe County Code to further clarify prohibition and enforcement regarding the
parking and storage of vehicles and watercraft and /or wrecked, inoperative or partially
dismantled vehicles and watercraft on County roads, and rights -of -ways, on private property and
in residential districts throughout Monroe County; providing for elimination of inconsistent
language; providing for severability; providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and
providing an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on January 16, 2013. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Growth Management via e-mail & hard copy
County Attorney via e-mail
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1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
'�Ilahassee, Florida 32399 -0250
A. Signature
X D EPT, 11 Agent
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FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
February 21, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated February 8, 2013 and certified copies of Monroe County Ordinance Nos. 005 -2013 and 006 -2013,
which were filed in this office on February 21, 2013.
Sincerely,
ff C'
Liz Cloud
Program Administrator
LC /elr ° r
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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
S
FINAL ORDER NO. DEO -13 -024
STATE OF FLORIDA _ -n
DEPARTMENT OF ECONOMIC OPPORTUNITY
O
In re: A LAND DEVELOPMENT REGULATION _
ADOPTED BY MONROE COUNTY, FLORIDA, M = rn
ORDINANCE NO. 005 -2013 o
co En `
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 005 -2013
The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 005 -2013 (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 January 16, 2013, and
rendered to the Department on February 11, 2013.
3. The Ordinance amends Monroe County Code Chapter 102, Administration,
Article III, Nonconformities, Sections 102.54 through 102.60, as follows:
a. to allow nonconforming water - dependent and water - related commercial
uses and structures which are identified as a source of economic sustainability within a Livable
CommuniKeys Plan to be rebuilt even if 100 percent destroyed, if they are rebuilt to preexisting
use, building footprint and configuration without an increase in density or intensity of use, and if
they are registered with the County;
FINAL ORDER NO. DEO -13 -024
b. to update the regulations related to the registration of nonconforming uses
and structures to allow the Planning & Environmental Resources Department to maintain a
registry of lawful nonconforming uses and structures;
C. to prohibit the continuation of vacation rental uses in districts that prohibit
such uses, unless the use was established and appropriate state and local licenses and permits
were obtained prior to September 15, 1986;
d. to limit nonconforming RV uses to no more than 6 months;
e. to provide that the nonconforming use of a site to store lobster traps that is
abandoned or discontinued for one year may not be reestablished or resumed, and any
subsequent use must conform to the provisions of the comprehensive plan and land development
regulations;
f. to limit improvements to nonconforming uses to less than 50% of the
value of the structure; and
g. to prohibit enlargement of nonconforming uses by additions to the
structure or occupancy of additional lands.
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. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
2
FINAL ORDER NO. DEO -13 -024
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 Principle in § 380.0552(7), Fla. Stat.:
(a) Strengthening local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
(d) Ensuring the maximum well -being of the Florida Keys and its
citizens through sound economic development.
(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 the Monroe County Comprehensive Plan and
furthers the following: Future Land Use Element Policy 101.8.4 and the Key Largo Livable
CommuniKeys Plan.
WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 005 -2013 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
Register unless a petition is timely filed as described in the Notice of Administrative Rights
below.
3
FINAL ORDER NO. DEO -13 -024
DONE AND ORDERED in Tallahassee, Florida.
William B. Kill gsworth, 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(l), 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.
0
FINAL ORDER NO. DEO -13 -024
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY 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:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON STREET, MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
Fax Number 850- 921 -3230
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.
5
FINAL ORDER NO. DEO -13 -024
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 methods indicated this day of March, 2013.
Miriam Snipes, Ag cy Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
Telephone: 850- 717 -8531
By U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
500 Whitehead Street
Key West, FL 33040
Amy Heavilin
Clerk to the 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
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