Ordinance 013-2013MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 013 - 2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTION 138 - 22(2); CLARIFYING THAT LAWFUL
TRANSIENT RESIDENTIAL RATE OF GROWTH ORDINANCE
(ROGO) EXEMPTIONS MAY BE TRANSFERRED TO
RECREATIONAL VEHICLE (RV) PARKS, AS WELL AS A
HOTELS; 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, Monroe County Comprehensive Plan Policy 101.5.8 establishes the parameters of
a Transfer of ROGO Exemption (TRE) program, which allows for the transfer off -site of hotel
rooms, campground spaces and/or recreational vehicle (RV) spaces to another site provided that
the units to be transferred were lawfully- established; and
WHEREAS, the Monroe County Comprehensive Plan does not prohibit the off -site transfer of
lawfully - established ROGO exemptions associated with transient residential units to RV park
developments; and
WHEREAS, allowing transient residential units to be only transferred off -site to hotel
development, but not RV park developments, conflicts with the definition of transient residential
unit, as set forth in Section 101 -1 of the Monroe County Code, which includes both a hotel /motel
room and a space for parking a RV or travel trailer; and
WHEREAS, the transfer off -site of lawfully- established transient residential units does not
conflict with Monroe County Comprehensive Plan Policy 101.2.6, as the transfer does not create
additional, new transient units, but simply allows the transfer to another location; and
WHEREAS, for a pending major hurricane (category 3 -5), Monroe County implements a
staged /phased evacuation procedure to achieve and maintain an overall 24 -hour hurricane
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evacuation clearance time for the resident population, pursuant to Monroe County
Comprehensive Plan Policy 216.1.8; and
WHEREAS, the evacuation procedure for visitors staying at a hotel /motel room or within a
RV /travel trailer are mandated to evacuate 48 hours in advance of tropical storm winds (evacuate
within the same phase); and
WHEREAS, the transfer of lawfully- established transient residential units would be limited to
the same ROGO subarea, with the exception that ROGO exemptions associated with transient
residential units may be transferred from the Big Pine and No Name Key ROGO subarea to the
Lower Keys ROGO subarea (however not from the Lower Keys ROGO subarea to the he Big
Pine and No Name Key ROGO subarea). The County has adopted numerous Comprehensive
Plan policies, the Big Pine Key and No Name Key Habitat Conservation Plan and the Big Pine
Key and No Name Key Livable CommuniKeys Community Master Plan to address the special
environmental issues associated with Big Pine and No Name Keys, including those related to
protection of federally - protected species, the prioritization of acquiring habitat areas and the
prevention of further encroachment on natural resources. Allowing the transfer of transient
residential units from Big Pine Key and No Name Key to other locations within the Lower Keys
sub -area (which Big Pine and No Name Key were originally part with the adoption of ROGO in
1992, but later separated into an independent ROGO subarea) will facilitate the County's goal of
implementing the adopted regulatory documents - by reducing the number (and impact) of
transient residential units; and
WHEREAS, based upon the information and documentation submitted, the Commission makes
the following Conclusions of Law: 1) the text amendment is consistent with the Principles for
Guiding Development in the Florida Keys Area of Critical State Concern; 2) the text amendment
is consistent with the provisions and intent of the Monroe County Comprehensive Plan; and 3)
the text amendment is consistent with the provisions and intent of the Monroe County Code; and
WHEREAS, during a regularly scheduled meeting held on December 18, 2012, the Monroe
County Development Review Committee reviewed the ordinance and recommended approval to
the Board of County Commissioners; and
WHEREAS, during a regularly scheduled public hearing held on February 27, 2013, 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:
Section 1. Section 138 -22(2) of the Monroe County Code shall be amended as follows:
Sec. 138 -22. Type of development not affected.
The residential ROGO shall not apply to the development described below:
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(2) Transfer off-site. Transfer off -site shall consist of either the demolition of a dwelling unit
on a sender site or a change of use of the floor area of dwelling unit on a sender site to
another permitted use in the applicable land use (zoning) district that does not require the
ROGO exemption and the development of a new transient residential unit or affordable
housing unit on a receiver site as follows:
a. Eligibility of sender unit or space. In order to be an eligible sender unit or space, the
unit or space shall be a hotel room, motel room, campground space, recreational vehicle
space, mobile home, or dwelling unit found to have been lawfully established pursuant
to subsection (1).
b. Criteria for redevelopment off-site.
1. Transfer to a hotel, motel, or recreational vehicle park. A lawfully established hotel
room, motel room, campground space, or recreational vehicle space may be
transferred off -site to another hotel, motel or recreational vehicle park if the:
(i) Sender unit is an eligible ROGO exemption and was used as a transient
residential unit in accordance with section 101 -1; and
(ii) Receiver site /unit meets all of the following criteria:
(AA) The receiver site is located in the same ROGO subarea as the sender site,
with the exception that ROGO exemptions associated with transient
residential dwelling units may be transferred from the Big Pine and No
Name Key ROGO subarea to the Lower Keys ROGO subarea;
(BB) The receiver unit shall only be constructed within a) a tier III designated
area or b) a tier III -A (special protection area) designated area where the
development does not involve the clearing of any native habitat; and
(CC) Receiver unit shall not be constructed within a velocity (V) zone.
2. Transfer to affordable housing. A lawfully established dwelling unit may be
transferred off -site if:
(i) Sender unit is an eligible ROGO exemption and provided that it was used as a
permanent residential unit in accordance with section 101 -1; and
(ii) Receiver site meets all of the following criteria:
(AA) The receiver unit shall be an affordable housing unit pursuant to sections
101 -1 and 130 -161;
(BB) The receiver site is located in the same ROGO subarea as the sender site;
(CC) The receiver unit shall only be constructed within a) a tier III designated
area or b) within a tier III -A (special protection area) designated area where
the development does not involve the clearing of any portion; and
(DD) The receiver unit shall not be constructed within a velocity (V) zone.
c. Procedures for transfer off -site.
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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. The minor
conditional use for the transfer shall be reviewed pursuant to standards in this
subsection (2) and not the standards provided in section 110 -67. As part of the
minor conditional use permit approval process, mailing of notice shall be required
to owners of real property located within 300 feet of the receiver site and owners of
real property located within 300 feet of the sender site. The receiver shall be posted
in accordance with sections 110 -5(h) and 110 -69. Posting of notice, as required in
section 110 -5(f) shall be required for the receiver site, but not the sender site.
2. A sender unit shall be assigned a unique identifier number that shall be used for
tracking and monitoring by the planning department. Multiple units to be
transferred from a sender site to a single receiver site may be authorized under a
single minor conditional use permit approval. 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.
d. Conditions for issuance of permit. No building permit shall be issued for the new
transient residential unit or affordable housing unit on the receiver site until one of the
following conditions is met:
1. The dwelling unit to be transferred is demolished as per an issued demolition permit
and a final inspection of the demolished or removed dwelling unit or space has been
completed by all necessary county staff;
2. The structure in which the dwelling unit to be transferred is located is converted to
another permitted use as per an issued building permit and a final certificate of
occupancy for the conversion has been issued; or
3. Restoration of the sender site consistent with an approved restoration/re - vegetation
plan.
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.
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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 applicable 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 20th day of March , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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Attest: Amy Heavilin, Clerk
BY
Deputy Clerk
Mayor George Neugent
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MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
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i SANM. GRI�EY
ASSISTANT COUNTY ATTORNEY
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MONROE COUNTY COURTHOUSE
500 WHITEHEAD 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 -6025
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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
April 11, 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 5156
Enclosed please find a certified copy of Ordinance No. 013 -2013 to amend Section 138-
22(2) of the Monroe County Code to clarify that, in addition to hotels, lawful transient
Residential Rate of Growth Ordinance (ROGO) exemptions (TRE's) may be transferred to
recreational vehicle (RV) parks.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on March 20, 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 & courier
County Attorney via e-mail
File
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item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
A. Signature
X ❑ Agent
❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address different from item 11 ❑ Yes
If YES, enter delivery address below: ❑ No
Tallahassee, Florida 32399 -0250 3. yv Type ❑preys rytall
❑ Registered ❑ Return Receipt for Merchandise
' • ❑ Insured Mail ❑ C.O.D.
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2. Article Number
(rmsfer from service labeo 7 012 1010 0003 4 9 9 0 5156
PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540
FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
April 16, 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 April 11, 2013 and certified copy of Monroe County Ordinance No. 013 -2013, which was filed in
this office on April 16, 2013.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
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
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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
FINAL ORDER NO. DEO -13 -052
STATE OF FLORIDA �J
DEPARTMENT OF ECONOMIC OPPORTUNITY
5
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 013 -2013 n•
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FINAL ORDER N
APPROVING MONROE COUNTY ORDINANCE NO. 013 -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. 013 -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 March 20, 2013, and rendered
to the Department on April 11, 2013,
3. The Ordinance amends Section 138- 22(2), Monroe County Code, related to the
transfer of ROGO exemptions. The Ordinance clarifies that a lawfully established hotel room,
motel room, campground space, recreational vehicle space, mobile home, or dwelling unit may
be transferred to another hotel, motel, or recreational vehicle park in the same ROGO subarea,
except that ROGO exemptions may be transferred from the Big Pine Key and No Name Key
ROGO subarea to the Lower Keys ROGO subarea; prohibits clearing of native habitat on the
receiver site; prohibits development in a velocity zone on the receiver site; and adds a
requirement for notice of proposed transient ROGO transfers to property owners within 300 feet
of both the receiver and sender sites. The Ordinance also allows the transfer of a lawfully
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FINAL ORDER NO. DEO -13 -052
established permanent residential dwelling unit to a Tier III or Tier III -A receiver site in the same
ROGO subarea for the purpose of affordable housing, where the development is not in a velocity
zone and does not involve the clearing of any native habitat.
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.
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.
(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,
particularly Future Land Use Element Policies 101.5.8 and 101.2.6.
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FINAL ORDER NO. DEO -13 -052
WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 013 -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.
DONE AND ORDERED in Tallahassee, Leon County, Florida.
William B. Ki mgsworth, Director
Division of C4nmunity 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.
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FINAL ORDER NO. DEO -13 -052
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, 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
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
Telephone: 850- 245 -7150
Fax Number 850- 921 -3230
Email: Miriam.Snipes @deo.myflorida.com
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.
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FINAL ORDER NO. DEO -13 -052
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 May, 2013.
Miriam Snipes, AgenK 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
Rebecca Jetton, ACSC Administrator, DEO Tallahassee
Sherry A. Spiers, Assistant General Counsel, DEO Tallahassee
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