Ordinance 005-20171
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10 MONROE COUNTY, FLORIDA
11 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
12 ORDINANCE N0005 -2017
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15 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
16 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
17 LAND DEVELOPMENT CODE SECTION 130 -157, MAXIMUM
18 RESIDENTIAL DENSITY AND DISTRICT OPEN SPACE,
19 PROVIDING A MAXIMUM NET DENSITY OF ONE DWELLING
20 UNIT PER PLATTED LOT WITH THE TRANSFER OF ONE TDR
21 FOR THE DEVELOPMENT OF ONE TIER 3 PLATTED LOT
22 WITHIN A SUBURBAN RESIDENTIAL (SR) ZONING DISTRICT;
23 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
24 OF CONFLICTING PROVISIONS; PROVIDING FOR
25 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
26 AND THE SECRETARY OF STATE; PROVIDING FOR
27 INCLUSION IN THE MONROE COUNTY LAND
28 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE
29 DATE.
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32 WHEREAS, on the 17` day of May, 2017, at a regularly scheduled meeting, the Monroe
33 County Board of County Commissioners adopted Ordinance 000 S -2017, amending Policy
34 101.5.25 of the Monroe County Year 2030 Comprehensive Plan, providing a maximum net
35 density of one dwelling unit per platted lot with the transfer of one TDR for the development of
36 one tier 3 platted lot with a Residential Low (RL) Future Land Use Map designation and within a
37 Suburban Residential (SR) Zoning District; and
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39 WHEREAS, in order to be consistent with the adopted Monroe County Year 2030
40 Comprehensive Plan, amendments to the Land Development Code are necessary; and
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42 WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development
43 regulations to be consistent with and implement the Comprehensive Plan; and
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45 WHEREAS, the proposed Land Development Code amendment is consistent with and
46 implements the adopted amendment to Policy 101.5.25 of the Comprehensive Plan; and
Ord 005 -2017
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I WHEREAS, the Monroe County Development Review Committee (DRC) considered
2 the proposed amendment at a regularly scheduled meeting held on the 30 day of August, 2016
3 and recommended approval; and
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5 WHEREAS, the Monroe County Planning Commission held a public hearing on the 28`
6 day of September, 2016, for review and recommendation on the proposed LDC text amendment;
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8 WHEREAS, the Planning Commission adopted Resolution P28 -16 recommending
9 approval of the proposed Land Development Code text amendment; and
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11 WHEREAS, at a regularly scheduled meeting held on the 17` day of May, 2017, the
12 Monroe County Board of County Commissioners held a public hearing, considered the staff
13 report, and provided for public comment and public participation in accordance with the
14 requirements of state law and the procedures adopted for public participation in the planning
15 process; and
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17 WHEREAS, based upon the documentation submitted and information provided in the
18 accompanying staff report, the BOCC makes the following Conclusions of Law:
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20 1. The proposed text amendment is consistent with the provisions of the Monroe County
21 Code; as required by MCC § 102- 158(d)(7)b., the map amendment is needed due to
22 new issues, the recognition of a need for additional detail or comprehensiveness, and
23 data updates; and
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25 2. The proposed text amendment is consistent with the provisions and intent of the
26 Monroe County Year 2030 Comprehensive Plan; and
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28 3. The proposed text amendment is not inconsistent with the Principles for Guiding
29 Development in the Florida Keys Area of Critical State Concern; and
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31 4. The proposed text amendment is consistent with Part II of Chapter 163, Florida
32 Statute;
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34 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
35 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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37 Section 1. The Monroe County Land Development Code is hereby amended as follows
38 (Deletions are shown str4eken thfa"4; additions are shown underlined
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40 Sec. 130 -157. Maximum permanent residential density and minimum required open
41 space.
42 The maximum permanent residential density for those uses permitted by this chapter and
43 minimum required open space shall be in accordance with the following table:
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Maximum Permanent Residential Density
and Minimum Open Space
Allocated Density (b)
Maximum Net
Minimum
Land Use District
DU /Gross Acre of
Density(a )(b )(c)
Open
Upland
DU/Buildable
uildable Acre
Ratio Space )
Ratio
Airport (AD)
0
N/A
0.20
Commercial 1 (C 1)
0
N/A
0.20
Commercial 2 (C2)
0
N/A
0.20
Commercial Fishing Area
(CFA)
3
12
0.20
Commercial Fishing
CFSD -20:1
CFSD -20: N/A
Special District (CFSD)
Other CFSDs: 3
Other CFSDs: 12(e)
0.20
Commercial Fishing
Village (CFV)
1 /lot
N/A
0.20
Conservation (CD)
0
N/A
0.90
Destination Resort (DR)
1.0
18.O
0.20
Improved Subdivision
(IS)
1 /lot
0
0.20
Improved Subdivision -
Duplex (IS -D)
2 /lot
0
0.20
Industrial (I)
1.0
2.0
0.20
Mainland Native Area
0.01
N/A
0.99 19)
(MN)
Maritime Industries (MI) (h)
1.0
2.O
0.20
Military Facilities (MF)
6.0
12.0
0.20
Mixed Use (MU)
1.0
12.O
0.20
Native Area (NA)
0.25
N/A
0.95 (d)
Offshore Island (OS)
0.1
N/A
0.95
Park and Refuge (PR)
0
N/A
0.90
Preservation (P)
0
N/A
1.00
Recreational Vehicle (RV)
0 6)
N/A
0.20
Sparsely Settled
Residential (SS)
0.5
N/A
0.80
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Suburban Commercial (SC)
3.0
TDRs: 6.0 e
0.20
Affordable: 18.0
Suburban Residential (SR)
0.5
or % 0)
0.50
Suburban Residential
(Limited) (SR -L)
0.5
3.0
0.50
Urban Commercial (UC)
6.0
12 Ole)
0.20
Urban Residential (UR)
6.0
TDRs: 12.0
0.20
Affordable: 25.0
Urban Residential -- Mobile
Home (URM):
1 /lot
N/A
0.20
Mobile Home Parks per
Section 101 -1
5.0
7.0
0.20
Urban Residential Mobile
Mot
N/A
0.20
Home - Limited (URM -L)
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves
shall be 0 and the maximum net density bonuses shall not be available.
(b) Vessels, including live - aboard vessels or associated wet slips, are not considered dwelling
units and do not count when calculating density.
(c) Maximum Net Density is the maximum density allowable with the use of the TDRs, or for
qualifying affordable housing development. TDRs can be utilized to attain the density
between the allocated density standard up to the maximum net density standard. Deed
restricted affordable dwelling units may be built up to the maximum net density without
the use of TDRs. "N /A" means that maximum net density bonuses shall not be available.
Buildable acres means the portion of a parcel of land that is developable and is not required
open space.
(d) Additional open space requirements may apply based on environmental protection criteria -
see additional open space ratios in Chapter 118. In accordance with section 101 -2(1), the
most restrictive of these ratios applies.
(e) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed
Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the
maximum net density bonuses shall not be available.
(f) Per Policy 101.5.25, the allocated density for the CFSD -20 land use district (Little Torch
Key) shall be 1 dwelling unit per acre, or 1 dwelling unit per parcel for those parcels
existing as of September 15, 1986, whichever is less, and the maximum net density
bonuses shall not be available. Residential density shall be allowed in addition to the
permitted nonresidential uses and intensity (i.e., density and intensity shall not be counted
cumulatively).
(g) The minimum open space ratio for the MN zoning district is 0.99 for permanent residential
uses. For campground and nonresidential uses within the MN zoning district, the minimum
open space ratio is 0.95, as shown in the density and intensity tables in Sections 130 -162
and 130 -164.
(h) A mixture of uses shall be maintained for parcels designated as MI zoning district that are
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within the MC future land use category. Working waterfront and water dependent uses,
such as marina, fish house /market, boat repair, boat building, boat storage, or other similar
uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the
shoreline, pursuant to Policy 101.5.6 of the Comprehensive Plan.
(i) Per Section 130- 92(a)(4), in the RV zoning district, commercial apartments shall be the
only permanent residential use allowed, not to exceed 10% of total RV spaces allowed or
in existence on the site, whichever is less.
(i) Within the SR zoning district, the maximum net density for platted lots of less than 0.40
gross acres shall be 1 dwelling unit per platted lot, provided all of the following conditions
are met:
1) The parcel must be one full platted lot shown on a plat approved by the County and
duly recorded prior to January 2, 1996;
2) The platted lot may not be identified for any other use or purpose on the plat (e.g.
"park," "common area," etc.);
3) The platted lot must have a Tier designation of Tier III;
4) Notwithstanding Section 130 -160, the maximum net density may only be reached
with the transfer of one (1) full TDR to the SR lot, regardless of the size of the lot
and the allocated density assigned to it;
5) The TDR must meet all requirements and procedures specified in Section 130 -160•
6) TDRs under this provision may not be transferred into noise zones of 65 DNL or
greater; and
7) The subject parcel must comply with Policy 301.2.5 of the Comprehensive Plan
regarding legal access.
2 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
3 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
4 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
5 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
6 provision immediately involved in the controversy in which such judgment or decree shall be
7 rendered.
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9 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
10 this ordinance are hereby repealed to the extent of said conflict.
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12 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
13 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
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15 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
16 of Florida but shall not become effective pursuant to Section 9 until a final order is issued
17 according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration
18 Commission approving the ordinance, and if the final order is challenged, until the challenge to
19 the order is resolved pursuant to F.S. Chapter 120.
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21 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance
22 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
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as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
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uniform marking system of the Code.
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Section 7. Effective Date. This ordinance shall become effective as provided by law and
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stated above.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
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Florida, at a regular meeting held on the 1 day of 1/l�, 2017.
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Mayor George Neugent Yes
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Mayor Pro Tem David Rice Yes
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Commissioner Heather Carruthers Yes
Commissioner Danny Kolhage Yes
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Commissioner Sylvia Murphy Yes
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BOARD OF COUNTY COMMISSIONERS
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OF MONROE COUNTY, FLORIDA
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BY �4 •tea. !►�~
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a or Geor e Neu gent
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17E1?CLERK
MONROE COUNTY ATTORNEY
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ASSTS ANi 'QrUN Y ATTORNEY
Date � -1, -�
Ord 005 -2017
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CAuRr
Kevin Madok, cPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
May 26, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 005 -2017 amending Monroe County
Land Development Code Section 130 -157, Maximum Residential Density and District Open
Space, providing a maximum net density of one dwelling unit per platted lot with the transfer of
one TDR for the development of one tier 3 platted lot within a Suburban Residential (SR) Zoning
District; 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
inclusion in the Monroe County Land Development Code; Providing for an Effective Date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on May 17, 2017. Should you have any questions,
please feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney
BOCC
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305- 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
JIM S�
J f
FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
May 26, 2017
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 005 -2017, which was filed in this office on May 26,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us
From: ords2municode.com
To: Morris-Peter monroecounty-fLoov;peters-_katherine -fl.aov; Pam Hancock
ff p �&_monroecountv
Subject: Monroe County,FL Land Development Code-2008(14299)Supplement 17 Update 2
Date: Monday,February 05,2018 10:28:14 AM
Attachments: ATT00001.bin
ATT00002.bin
THIS IS AN AUTOMATICALLY GENERATED EMAIL
Below, you will find the material that we have received/recorded to your account. This
material is being considered for inclusion in your next/current update, Supplement 17 Update
2
Ordinance No. 005-2017 5/17/2017 2/5/2018 PDF
Ordinance No. 006-2016 13/2016 1/28/2017 Word
Ordinance No. 008-2017 6/21/2017 2/5/2018 PDF
Ordinance No. 017-2017 9/27/2017 2/5/2018 PDF
Ordinance No. 022-2017 10/18/2017 11/6/2017 PDF
Ordinance No. 030-2016 4/13/2017 4/21/2017 PDF
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
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even weekly.
Final Order loo. DEO -a -13
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 005-2017
The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 005 -2017 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 380.0552, Florida Statutes, 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 May 17, 2017, and rendered to
the Department on June 26, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
amending maximum permanent residential density and minimum required open space.
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. Sections 380.05(6), and
380.0552(9), Florida Statutes.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
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STATE OF FLORIDA
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DEPARTMENT OF ECONOMIC OPPORTUNITY
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In re: A LAND DEVELOPMENT REGULATION
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ADOPTED BY MONROE COUNTY, FLORIDA,
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ORDINANCE NO. 005 -2017
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 005-2017
The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 005 -2017 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 380.0552, Florida Statutes, 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 May 17, 2017, and rendered to
the Department on June 26, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
amending maximum permanent residential density and minimum required open space.
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. Sections 380.05(6), and
380.0552(9), Florida Statutes.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
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Final Order No. DEO -17 -136
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically, Objective 101.5, as required by section 163.3177(1), Florida Statutes.
7. 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.
Sections 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development
for the Florida Keys Area of Critical State Concern are set forth in section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing 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.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 005 -2017 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
v'
J es D. Stansbury, C ief
reau of Community Planning and Growth
epartment of Economic Opportunity
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Final Order No. DEO -17 -136
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.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
FAX 850- 921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
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Final Order No. DEO -17 -136
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
following persons by the methods indicated this day of August, 2017.
A enc Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
PO Box 1980
Key West, Florida 33041
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
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