Ordinance 017-2013AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY CODE SECTION 130 -131, ROCKLAND KEY
COMMERCIAL RETAIL CENTER OVERLAY DISTRICT; TO
CREATE AN OVERLAY DISTRICT ON ROCKLAND KEY THAT
ALLOWS COMMERCIAL RETAIL DEVELOPMENT; TO
ESTABLISH MAXIMUM FLOOR AREA RATIOS FOR SUCH
COMMERCIAL RETAIL DEVELOPMENT; 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, a private applicant, represented by Trepanier & Associates, Inc., is proposing
amendments to the text of the Monroe County Code. The amendment would establish a new
overlay district in the Land Development Code: the Rockland Key Commercial Retail Center
Overlay District; and
WHEREAS, the land development regulations associated with the overlay district are to be set
forth in a new section of the Monroe County Code, Section 130 -131; and
WHEREAS, the purpose of the proposed overlay district is to address special land use
circumstances of Rockland Key and the Lower Keys to address the commercial retail needs of
the community and provide benefits to the county and the public and provide additional details
concerning uses and regulations for the development within the overlay district; and
WHEREAS, through a separate map amendment process, the boundaries of the overlay district
would be defined on the Official Monroe County Land Use District Map and the affected
properties would maintain their underlying existing land use (zoning) district designations; and
WHEREAS, during a meeting held on November 13, 2012, the Monroe County Development
Review Committee reviewed the ordinance and the Chair recommended denial to the Board of
County Commissioners unless revisions were carried out as discussed at the Development
Review Committee meeting; and
Page I of 8
WHEREAS, during a public hearing held on November 28, 2012, the Monroe County Planning
Commission reviewed the ordinance and recommended approval to the Board of County
Commissioners; with modifications presented in Planning Commission Resolution No. P47 -12.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. New section 130 -131 is to be added to the Monroe County Code.
Section 130 -131. Rockland Key Commercial Retail Center Overlay District
(a) Purpose and Intent. The purposes of the Rockland Key Commercial Retail Center
Overlay District is to implement applicable goals, objectives, and policies of the
comprehensive plan and to allow larger -scale commercial retail development in a non -
environmentally sensitive area of the Lower Keys that primarily serves the needs of
permanent residents of the Lower Keys. The intent is to protect and maintain the
character of the residential areas in the Lower Keys by allowing larger -scale commercial
retail development within the overlay district, a scarified area that has historically been
developed with nonresidential uses.
(b) Boundary. The Rockland Key Commercial Retail Center Overlay District shall be shown
as an Overlay District on the Official Land Use District Map.
(c) Environmental Protections. Prior to the construction of any commercial retail
development within the overlay district, in addition to the protections afforded in the
comprehensive plan and this Land Development Code, all mangrove wetlands and
associated transitional / upland buffer areas will be restored and preserved in accordance
with established permit conditions. On -site wetland preservation and enhancement will
include the following:
(1) Identified mangrove wetlands and associated transitional / upland buffer areas located
on the property will be placed under a perpetual conservation easement to be recorded
in the Public Records of Monroe County. The conservation areas within the
conservation easement may in no way be altered from their permitted state (excluding
restoration activities). Activities prohibited within the conservation areas include, but
are not limited to:
(a) Construction or placing of buildings, roads, signs, and/or other similar
infrastructure on or above the ground;
(b) Dumping or placing soil or material as landfill or dumping or placing of trash,
waste, or unsightly or offensive materials;
(c) Removal or destruction of trees, shrubs, or other vegetation, excluding vegetation
classified as invasive exotic;
(d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substances in such manner as to affect the surface;
Page 2 of 8
(e) Surface use except for purposes that permit the land or water area to remain
predominantly in its natural condition;
(f) Activities or development detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and wildlife habitat
preservation, including but not limited to ditching, diking or fencing;
(g) Activities or development detrimental to such retention of land or water areas;
(h) Activities or development detrimental to the preservation of the structural
integrity or physical appearance of sites or properties of historical, architectural,
archaeological, or cultural significance; and
(i) Any land use not related to preserving the natural state of the conservation area.
(2) A wetland restoration and preservation component that involves removal of fill
material from wetlands, planting of the transitional buffer area with 100% native
vegetation, removal of all invasive exotic vegetation, and fencing and signage at the
limits of the Conservation Easement will be implemented in conformance with South
Florida Water Management District ( "SFWMD ") permit requirements.
(3) A fully - compliant SFWMD- approved stormwater management system that prevents
adverse impacts to the on -site wetland restoration and preservation/conservation area
shall be implemented as part of any re- development process.
(d) Within the boundaries of the overlay district, the permitted uses in subsection (1) shall be
enforced, in lieu of section 130 -82, Industrial district, and the maximum nonresidential
land use intensities in subsection (2) shall be enforced, in lieu of section 130 -164,
Maximum Nonresidential Land Use Intensities and District Open Space.
(1) Permitted Uses.
Rockland Key Commercial Retail Center Overlay District
Permitted Uses
The following uses are permitted as of right in the overlay district:
(1)
Restaurants of 5,000 square feet or less of floor area;
(2)
Office uses of 5,000 square feet or less of floor area;
(3)
Commercial fishing;
(4)
Institutional uses;
(5)
Light industrial uses;
(6)
Public buildings and uses;
(7)
Accessory uses;
(8)
Replacement of an existing antenna- supporting structure pursuant to
section 146 -5(2);
(9)
Collocations on existing antenna- supporting structures, pursuant to section
146 -5(3);
(10)
Attached wireless communications facilities, as accessory uses, pursuant to
section 146-5(4);
(11)
Stealth wireless communications facilities, as accessory uses, pursuant to
section 146 -5(5); and
Page 3 of 8
(12)
1 Satellite earth stations, as accessory uses, pursuant to section 146 -5(6).
The following uses are permitted as minor conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
(1)
Commercial retail uses of 10,000 square feet or less;
(2)
Restaurants of 5,001 to 20,000 square feet of floor area;
(3)
Office uses of 5,001 to 20,000 square feet of floor area; and
(4)
New antenna-supporting structures, pursuant to section 146 -5(1).
The following uses are permitted as major conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
(1)
1 Commercial retail uses of 10,001 square feet or greater.
As set forth in section 130 -82, heavy industrial uses and commercial apartments are
permitted uses in the Industrial district. However, these uses are not permitted within
the boundary of the overlay district. All existing, lawfully established heavy industrial
uses and commercial apartments within the boundary of the overlay district shall be
considered nonconforming uses upon adoption of the boundary and may continue in
accordance with section 102 -56. However, superseding any regulations set forth in
section 102 -56 to the contrary, upon issuance of a building permit for commercial retail
use on a parcel, any heavy industrial use or commercial apartment on that parcel shall
be terminated.
(2) Maximum Nonresidential Land Use Intensities and District Open Space. For the
purposes of this overlay district, uses with corresponding density/ intensity thresholds
shall be cumulative and utilize the floor area ratios as follows:
Rockland Key Commercial Retail Center Overlay District
Maximum Nonresidential Land Use Intensities and District Open Space
Land Use
Maximum Floor
Area Ratio
O. S. R.
Light Industrial
0.40
0.20
Public
0.40
0.20
Office
0.40
0.20
Institutional
0.40
0.20
Commercial Retail
Low Intensity
0.45
0.20
Medium Intensity
0.40
0.20
High Intensity
0.35
0.20
Commercial Fishing
0.401
0.20
(3) Maximum floor area adjacent to U.S. 1. No building or structure shall exceed a
maximum floor area of 50,000 square feet within 600 feet of the edge of the U.S. 1
right of way.
Page 4 of 8
(4) Maximum floor area.
a. An individual building may contain up to 175,000 square feet of floor area only if
the design of the building complies with the following design requirements:
i. Building Facades. Facades equal to or greater than one hundred (100) feet in
length, measured horizontally, shall incorporate wall plane projections or
recesses having a depth of at least three (3) percent of the length of the facade
and extending at least twenty (20) percent of the length of the facade. No
uninterrupted length of any facade shall exceed forty (40) horizontal feet.
ii. Roofs. All buildings, regardless of size, shall incorporate at least two of the
following roof - related architectural features:
1. Overhanging eaves, extending no less than three (3) feet past the
supporting walls.
3. Sloping roofs with an average slope greater than or equal to one (1) foot of
vertical rise for every three (3) feet of horizontal run and less than or equal
to one (1) foot of vertical rise for everyone (1) foot of horizontal run.
4. Three (3) or more roof slope planes.
5. A specific architectural element proposed by the applicant's architect that
is acceptable to the Planning Director.
For any building with a flat roof and/or any building on which rooftop
equipment is installed, parapets shall be incorporated to conceal the flat roof
and rooftop equipment, such as HVAC units, from public view. The average
height of such parapets shall not exceed fifteen (15) percent of the height of
the supporting wall and such parapets shall not at any point exceed one -third
(1/3) of the height of the supporting wall. Such parapets shall feature three -
dimensional cornice treatment.
iii. Material and /or color variation. A front building facade, regardless of the
building's size, shall include at least two material types and at least two
colors.
iv. Design consistency. Compatible and consistent design, materials and colors
shall be utilized for all new structures within the overlay district in order to
make the development as a whole more cohesive.
b. No individual tenant space shall exceed 140,000 square feet.
c. The cumulative total of all commercial floor area within the overlay district shall
not exceed a maximum floor area of 335,000 square feet.
(5) Required public improvements. Prior to submittal of any development application
involving commercial retail use, the developer shall enter into a development
agreement with the board of county commissioners in accordance with the procedures
set forth in section 110 -33. The development agreement shall be contingent on:
a. The developer dedicating to the County (or the developer dedicating to the county
for long term leasing for $1 per year) and constructing a public facility, consisting
of a minimum amount of 5,000 sq. ft. of total floor area, which includes the
following features:
i. A 200 -seat capacity community meeting room; and
ii. Restroom and kitchen facilities; and
Page 5 of 8
iii. 1,000 sq. ft. of area for neighborhood- oriented services that will be made
available by the County to users (i.e. hobby rooms or computer rooms).
The public facility may be utilized for meetings of non - profit, for - profit,
County, or community organizations, as well as other governmental and
public entities, on a first -come first serve basis. Operational Fees for the
facility may be charged by the County. This facility must obtain a certificate
of occupancy prior to, or concurrent with, issuance of a certificate of
occupancy for a building to be utilized by any commercial retail use.
b. The developer constructing and making available for lease 10,000 sq. ft. of
commercial retail floor area consisting of no fewer than four (4) separate
commercial units, each no larger than 2,500 sq. ft. for neighborhood - oriented
retail and service uses such as, but not limited to animal /veterinary clinics, fitness
centers, hair salons/barber shops, mail and shipping services, medical offices,
professional services, or similar neighborhood- oriented uses deemed acceptable
by the planning director on a first come basis.
c. The developer providing bicycle /pedestrian paths connecting the development to
the county trail system along the US 1 corridor and a multi -modal transit stop for
mass transit, which shall include designated areas for bicycle, scooter and
motorcycle parking and an electric car charging system to limit vehicle trips. The
mass transit stop shall include a covered and secure area for passengers waiting
for transportation.
d. The developer funding at least one (1) City of Key West bus purchase for use on
the Key West — Marathon route to provide better, more frequent public transit to
alleviate traffic on US 1 caused by commercial development.
(6) Traffic Impact Statement. Prior to any development approval including a minor or
major conditional use, a Traffic Impact Statement shall be required regardless of
traffic generated by development.
(7) Required US 1 improvements. Notwithstanding other provisions of the Land
Development Code, if, during the conditional use permit approval process and after
the Traffic Impact Statement is complete, based on FDOT standards, improvements
to US 1 are warranted, the developer is responsible for the funding of designing,
permitting, installing and constructing the required improvements related to the
proposed development prior to the issuance of a building permit or prior to a
certificate of occupancy if the applicant enters into a development agreement with the
County which regulates the timing of the improvements to US 1 .
(8) Sound Attenuation. Habitable structures, permitted under this overlay district, shall
meet noise reduction levels for high noise zones. Measures to achieve a noise
reduction level of 30dB must be incorporated into design and construction of the
habitable structures. This shall be the minimum sound attenuation standard. The
community meeting facility required in subsection (d)(5) shall not be constructed in
the most current 75 DNL area.
Page 6 of 8
(9)Areas designated Native Area (NA). The permitted uses provided in subsection (d)(1)
shall not be permitted in any area designated as Native Area (NA) on the Land Use
District Map.
(10) Affordable Housing. Prior to submittal of any development application involving
commercial retail use the developer shall enter into a development agreement with the
board of county commissioners in accordance with the procedures set forth in section
110 -33. The Development Agreement shall be contingent on a mutually agreeable
affordable housing requirement.
(11) Boundary Buffers. Prior to the issuance of a commercial retail use of greater than
10,000 sq. ft. within the overlay district, the applicant shall install a class "D"
bufferyard along the boundary of the overlay district adjacent to US 1 and class "C"
bufferyards along all other non - shoreline boundaries of the overlay district.
(12) Hurricane Preparedness. To further the goals of Monroe County to be prepared
for hurricanes and to assist in the clean up afterwards, parking facilities in the overlay
district shall be made available for use by Monroe County for the storage of official
vehicles in advance of major storm events, if Monroe County deems such use
necessary and is regulated by development agreement.
Section 2. Application.
This ordinance applies to applications submitted on or after the effective date.
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.
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 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).
Page 7 of 8
Section 6. Filinz.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a final order is issued according to F.S. 380.05(6) by the Florida State
Land Planning Agency or Administration Commission approving the ordinance, and if the final
order is challenged, until the challenge to the order is resolved pursuant to F.S., Chapter 120.
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.
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 Yes
Mayor Pro Tem Heather Carruthers Yes
Commissioner Danny Kolhage Yes
Commissioner Sylvia Murphy Yes
Commissioner David Rice Yes
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
B B Ant 4,44. & o N
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Deputy Clerk Mayor George Neugent
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Page 8 of 8 �`�_ __ ,_ _- •- -1----
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 -1745
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
May 31, 2013
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Via Certified Mail 7012 1010 0003 4990 5217
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 017 -2013 establishing Section 130 -131 of the Monroe County Code,
creating a new overlay district, entitled the Rockland Key Commercial Retail Center Overlay
District, and its associated regulations.
Ordinance No. 018 -2013 amending the Land Use District (Zoning) Map by establishing
the boundaries of a new overlay district, entitled the Rockland Key Commercial Retail Center
Overlay District, on property having a legal description of parcels of land in Part of Government
Lot 7, Section 21, Township 67 South, Range 26 East and having real estate (RE) numbers
00122070.000200, 00122070.000201, 00122070.000400, 00122070.000500, 00122070.000600,
00122080.000200, 00122080.000300, 00122080.000303 and 00122080.000304.
These Ordinances were 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.
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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
Tallahassee, Florida 32399 -0250
A Signature ❑ Agent
X DEPT OF ❑ Addressee
B. Received by ( Printed Name) C. Date of Delivery
JUN 0 51013
D. Is delivery address different from item 1? ❑ Yes
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FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
June 5, 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 31, 2013 and certified copies of Monroe County Ordinance No. 017 -2013 and 018 -2013, which
were filed in this office on June 5, 2013.
Sincerely,
A — u4j
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.tl.us
FINAL ORDER NO. DEO -13 -068
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re:
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FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 017-201Z : .4 ca
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The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
A LAND DEVELOPMENT REGULATION C�l
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 017 -2013 rT
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pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 017 -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 April 17, 2013, and received
by the Department on June 11, 2013.
3. The Ordinance amends the Monroe County Code to add Section 130 -131 creating
the Rockland Key Commercial Retail Center Overlay District and establishing maximum floor
area ratios of commercial retail development within the Overlay District.
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 -13 -068
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 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.
(b) Protecting shoreline and marine resources, including
mangroves, coral reef formations, seagrass beds, wetlands, fish and
wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation (for example,
hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat.
(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.
(k) Limiting the adverse impacts of public investments on the
environmental resources of the Florida Keys.
8. The Ordinance is consistent with Goal 102, Policy 105.2.2, Objective 108.1.7, and
Policy 108.2.1 of the Monroe County Comprehensive Plan.
WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 017 -2013 is found
4
FINAL ORDER NO. DEO -13 -068
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
William B. Kil gsworth, Director
Division of Co unity 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 -13 -068
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.
C!
FINAL ORDER NO. DEO -13 -068
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoink Final Order has been filed with
the undersigned designated Agency Clerk, and that true an corr copies have been furnished
to the persons listed below by the methods indicated this � y of July, 2013.
Miriam Snipes, AgKcy 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
W