Ordinance 016-2013MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2013
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTIONS 102 -185 AND 102 -215; CONCERNING
CERTAIN APPELLATE PROCEDURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
FILING WITH THE SECRETARY OF STATE AND THE STATE
LAND PLANNING AGENCY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, certain procedures established in Ordinance No. 019 -1993 do not reflect either the
actual practice before the Monroe County Planning Commission nor do they reflect proper due
process before the Commission; and
WHEREAS, certain procedures and timelines within the appellate process established in
Ordinance No. 019 -1993 appear to be contradictory; 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 102 -185 of the Monroe County Code shall be amended as follows:
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Sec. 102 -185. Appeals.
(a) Authority. The planning commission shall have the authority to hear and decide appeals
from any decision, determination or interpretation by any administrative official with
respect to the provisions of this Land Development Code and the standards and procedures
hereinafter set forth, except that the board of county commissioners shall hear and decide
appeals from administrative actions regarding the floodplain management provisions of this
Land Development Code.
(b) Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any
aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any resident or
real property owner from any order, decision, determination or interpretation by any
administrative official with respect to the provisions of this Land Development Code.
(c) Procedures. A notice of appeal in the form prescribed by the planning director must be
filed with the county administrator and with the office or department rendering the
decision, determination or interpretation within thirty (30) calendar days of the decision.
Failure to file such appeal shall constitute a waiver of any rights under this Land
Development Code to appeal any decision, interpretation or determination made by an
administrative official. Such notice shall be accompanied by the names and addresses of
the owner, applicant, property owner, and adjacent property owners. The filing of such
notice of appeal will require the administrative official whose decision is appealed to
forward to the commission or board within 15 calendar days any and all records concerning
the subject matter of the appeal and to send written notice of the appeal to the owner,
applicant, property owner, and adjacent property owners, if different from the person filing
the appeal, within 15 calendar days of receipt of the notice of appeal.
(d) Effect of filing an appeal. The filing of a notice of appeal shall stay all permit activity and
any proceedings in furtherance of the action appealed unless the administrative official
rendering such decision, determination or interpretation certifies in writing to the
commission and the applicant that a stay poses an imminent peril to life or property, in
which case the appeal shall not stay further permit activity and any proceedings. The
commission shall review such certification and grant or deny a stay of the proceedings.
(e) Action of the Commission. The planning commission shall consider the appeal at a duly
called public hearing following receipt of all records concerning the subject matter of the
appeal. Any person entitled to initiate an appeal may, along with County staff and counsel,
have an opportunity to address the commission at that meeting and all parties to the appeal
shall have the opportunity to present evidence and create a record before the planning
commission. Any appeals before the hearing officer shall be based upon and restricted to
the record.
(f) Appeal to hearing officer. Any person participating as an appellant or appellee at the
hearing described in subsection (e) of this section may request an appeal of the decision of
the planning commission, or in the case of a floodplain management provision appeal, the
decision of the board of county commissioners, under chapter 102, article VI, division 2 by
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filing the notice required by that article within 30 days after the date of the written decision
of the planning commission, or in the case of a floodplain management provision appeal,
the written decision of the board of county commissioners.
Section 2. Section 102 -215 of the Monroe County Code shall be amended as follows:
Sec. 102 -215. Preparation of the record.
Within 30 days of filing the notice, the secretary shall prepare the record
prescribed in section 102 -216 and serve copies of the index of the record on all parties.
Within 30 days of the filing of the notice, the secretary shall transmit the record to the
hearing officer and copies to all parties. The board of county commissioners may establish
reasonable fees for copies furnished the parties.
Section 3. 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 4. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 5. 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 6. 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.
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Section 7. 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 8. 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 17th day of April , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
Yes
Yes
Yes
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
By
Deputy Clerk
Mayor George Neugent
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aROROV E CNTY ATTORNEY
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Mayor George Neugent
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aROROV E CNTY ATTORNEY
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ASSISTA T OUNTY ATTORNEY
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AMY REAVILIN, CPA
CLERK OF CIRCUR COURT &COMPTROLLER
MONROECOUNIY,FLORIDA
May 14, 2013
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 70121010 0003 4990 5187
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 016 -2013 to amend Sections 102-
185 and 102 -215 of the Monroe County Code to clarify certain appellate procedures that are set
forth in the Monroe County Code.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on April 17, 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: County Attorney via e -mail
Growth Management via e-mail & courier
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax. 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
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1. Article , Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399 -0250
016 - 2--13
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PSI
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FLORIDA DEPARTMENT O STATE
RICK SCOTT
Governor
May 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 May 14, 2013 and certified copy of Monroe County Ordinance Nos. 016 -2013 which was filed in this
office on May 21, 2013.
Sincerely,
� I U"
Liz Cloud
Program Administrator
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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