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Ordinance 038-2019 3 x " 5 6 MONROE COUNTY, FLORIDA 7 MONROE COUNTY T OA OF COUNTY COMMISSIONERS 8 9 ORDINANCE NOD38- 01.9 10 11 12 AN ORDINANCE ANCE THE MONROE COUNTY BOARD OF 1.3 COUNTY COMMISSIONERS AMENDING MONROE COUNTY 14 LAND DEVELOPMENT CODE SECTION 1 0-163, EXISTING 15 RESIDENTIAL DWELLING UNITS AND TRANSIENT T UNITS, T 16 ALLOW EXISTING LAWFULLY ESTABLISHED RESIDENTIAL 1.7 DWELLING UNITS, OTHER THAN OBILE HOMES, TO BE 1.8 CONSIDERED CONFORMING USES REGARDLESS OF LAN 19 USE (ZONING) DISTRICT; PROVIDING FOR SF F A II II" ; 20 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; 21 PROVIDING FOR TRANSMITTAL TO THE STATE LAND 22 PLANNING AGENCY AND THE SECRETARY OF STATE; 23 PROVIDING FOR INCLUSION IN THE MONROE COUNTY 24 CODE; PROVIDING FOR AN EFFECTIVE DATE. 25 26 27 28 WHEREAS, on November 27, 2018 a community meeting was held, as required by LDC 29 Section 102-159(b)(3), to discuss the proposed Land Development Code text amendment, and to 30 provide for public participation; and. 3 32 WHEREAS, on. January 15, 2019, the Monroe County Development review Committee 33 (DRC) reviewed the proposed amendment at a regularly scheduled meeting and. 34 35 WHEREAS, staff is recommending approval of the proposed amendments to the Monroe 36 County land Development. Code, ,Section 1.30-163 to address existing lawfully established 37 nonconforming residential uses, not including mobile homes and not including transient uses, to 38 allow for repair and replacement; and 39 40 WHEREAS,the Monroe County planning C:omMission held a public hearing on February 41 27, 2019,. for review and recommendation on the proposed amendment„ and 42 43 WHEREAS, the Planning Commission was presented with the following documents and 44 other information relevant to the request, which by reference is hereby incorporated as part of the 45 record of said hearing: Ordinance No. 038 201.9 page 1 of 4 File #2018-210 I WHEREAS,, the Monroe (7ourity Planning Confunission held a public hearing on February 2 27, 2019, for review and recommendation on the proposed amendment, and recorni-nended 3 approval through Resolution P10-19; 4 5 WHEREAS, at a regularly scheduled meeting held on the 16"' day of October, 2,019, the 6 Monroe County Board Of County C0111111issioners held a public hearing,considered the staff report, 7 and provided for•public comment and public participation in accordance with the requ:1rements of 8 state law and the procedures adopted for public participation in the planning process; 9 1() WHEREAS, based upon the documentation submitted and information provided in the 1.1 accompanying staff report, the BOCC inakes the following Conclusions of Law� 12 13 1. The proposed amendment is consistent with. the Goals,, ObJectives and Policies of the 14 Monroe County Year 2030 Cornprehensive Plall; and 15 2. The proposed amendment is consistent with the Principles fi)r Guiding Develop:nient 16 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S., and 17 3, Tyre proposed airiendmentis consistent with Part 11 of Chapter 163, Florida Statute; and Is 'i,. 'rhe proposed amendment, with changes as directed by the planning Commission, is 19 necessary due to recognition of a need for additional detail or coniprehensiveness, and 20 data updates, as required by Section 102-158 of the Monroe County Co de; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 23 COMMISSIONERS OF MONROE COUN'r I'Y, FLORIDA: 24 25 Section L The Monroe County [.arid Development Code is hereby amended as follows: 26 Pro,osed Amendment (deletions are s-tritiken-4 ditions are show dn in Underl W�e—c 1) ................... 27 28 (-'hapter 130- LAND USE DISTRICTS 29 30 Article V, Land Lfse Intensities 31 32 See. 1,30-163. Existing residential dwelling units and transient units. 33 Notwithstanding the provisions of sections 130-157 and 130-162, the owners of land upon Which 34 as lawfully established dwelling unit, nukile forme, or transient unit exists shall be entitled to one 35 dwelling unit for each type of dwelling unit in existence before January 4, 1996. Such lawfully- 36 established dwelling unit shall not be considered nonconfornuing as to density. Notwithstanding 37 the nonconforming use provisions of Section 102-56 existing lawfully established residential uses, M. 38 not including mobile hornes, and not including transient uses, shall be entitled to repair and/or 39 LepLace, such dwelling unitswith the sarne ty.,'e of dwelling unit and shall not be considered a 40 nonconforming use(s). Lawfully established inobile homes shall be entided. lo....replace such 41 c vAell rig tg j and shall not be considered a nonconforining use(s'), j- —-11 42 43 Ordinance No. 038 -2019 Page 2 of 4 File #2018-210 I Section 2. SeytKghifity. If any section, paragraph, subdivision, clause,, sentence or 2 provision of this ordinance shall be adjudged by any court of competent.jurisdiction to be invalid, 3 such Judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 4• the el"I'ect, thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or 5 provision ininiediately involved in the controversy in which such judgment or decree shall be 6 rendered. 7 8 Section 3. Copflictin Provisions. All ordinances or parts of ordinances in conflict with 1_ 9 this ordinance are hereby repealed to the extent of said conflict. I I Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land 12 Planning Agency as required by F& 380W5 (11) and F.S. 380,0552,(9). 13 14 Section 5. FilipyThis ordinance sliall be filed in the Office of the Seci.-etary of the State 15 of Florida but shall not become effective pursuant to Section 9 until as final order is issued according 16 to F'.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission 17 approving the ordinance, and if the final order is challenged,, until the challenge to the order is 18 resolved pursuant to F.S. Chapter 120. 19 20 Section 6. Inclusion in the Monroe Cc unty Code,The provision of this Ordinance shall 21 be inClUded and incorporated in the Code of Ordinances of the County cafe Munro e, Florida, as an 22 addition to amendment thereto, and shall be appropriately renumbered to conforryi to the uniform 23 inarking systern of the Code. 24 25 Section 7. Effective Date. This ordinance shall becorne effective contingent on 26 effectiveness of the corresponding airiendments to the Monroe County Year 2030 (omprehensive 27 Plan and as provided by law and stated above. 28 29 30 31 32 33 THIS SPACE INTENTIONALLY LEFT BLANK 34 35 SIGNATURES ON FOLLOWING PAGE 36 37 38 39 40 41 42 Ordinance No. 038 -2019 Page 3 of 4 File #2018-210 I PASSED AND ADOPrED by the Board of County Commissioners of Monme County, 2 Florida, t a regular meeting held on the 16th day of 2019 4 Mayor Sylvia Commissioner Commissioner j� BOARD OF COUNTY COAGMSIONERS .�; OPM E COS FL A BY 16 A Mayor Pro'Tee I muiy L.Iola F "17 I ] 20 DEPUTY CLERK e� "act .L M f T'�' Ordinance No.__Ml_-2019 Page 4 of 4 File w 1 l KI"',YV%%°'FST l t The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P (305)292-7777 ext 219 F (305)295.8025 legalskeysnews tern MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HWY KEY LARGO FL 33037 Account 138694 Ticke MONROE COUNTY BOARD OF COUNTY STATE OF FLORIDA COMMISSIONERS COUNTY OF MONROE NOTICE OF PUBLIC MEETING AND Bef re the undersi d authority personally appeared NOTICE OF PUBLIC HEARING who on oath: NOTICE OF CHANGE TO MONROE of the Key We COUNTY COMPREHENSIVE PLAN newspaper ofadve tism in Key est in Monroe County, of NOTICE OF CHANGE TO THE MONROE copy of advertisment,being egal notice In the matter of newspaper in the issues of COUNTY LAND DEVELOPMENT CODE Sunday,September29,2019 ✓' NOTICE OF CHANGE TO MONROE Affiant further says that the Key West Citizen is a newspap COUNTY TIER OVERLAY DISTRICT MAP West; in said Monroe County„Florida and that the said nev fore been continuously published in said Monroe County, F October 16 2019 has been entered as periodicals matter at the post office in Monroe County„Florida,,,for a period of 1 year next precedi r,�f the atlarhed,copy of advertisement; and affiant further si NOTICE IS HEREBY GIVEN that on the Mm;:,nroe County Board of County neither paid nor promised any person, firm or corporation a Commmionera will hold a Public Meeting at the Marathon Govemment Center,2798 Overseas Highway, FL 3305d to review and meive public comment for the following Rems. rommisslon or refund for the purpose of sec0ng this adve tion in the sand new, pUBUC HEARINGS:Im PM(or as soon thereafter as may be heard): RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF- (Sognature of Affiant) WAY OF OLD STATE ROAD 4A AND ALL OF THE RIGHTnOF-WAY OF LOOP ROAD LYING WITHIN SECTION " 31,TOWNSHIP 88 SOUTH,RANGE 28 FAST,GOVERNMENT LOT 6; SECTION 6 TOWNSHIP 67 SOUTH, A ed d s s bed before me this 30th day of Septerr RANGE 28 FAST GOVERNMENT LOTS 3,2,AND 7; SECTION 7 TOWNSHIP 67 SOUTH,RANGE 28 EAST, GOVERNMENT LOTS 2 AND 4;SECTION 12,TOWNSHIP 67 SOUTH,RANGE 27 FAST GOVERNMENT LOTS 6 AND 7;ALSO A,50 FOOT STRIP KNOWN AS LOOP ROAD,LYING IN SUGARLOAF KEY,SECTION 12,TOWNSHIP B7 SOUTH,RANGE 27 EAST,GOVERNMENT LOTS 1,2,3,5,AND 7,SECTION 11,TOWNSHIP INOta y ubllr:§gnatu i 67 SOUTH,RANGE 27 EAST.(FILE#2019-119) AN ORDINANQE BY THE moNRO: COUNTY WARD OF COUNTY, CQMMtMONER AMENDING POLICY 101.5.25 OF THE',RIN IC MONROE COUNTY COMPREHEN$IVE PLAN TO ADDRESS DENSITY (Rotary Pu tic Printed Name) (h ISSUES ON PARCELS OF LAND WITHIN THE RESIDENTIAL MEDIUM (RMy FUTURE LAND USE MAP CATEGORY AND THE IMPROVED SUBDIVISION(15 ZONING DISTRICT THAT ARE NOT PLATTED LOTS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING My odmmiss�an expires ��� FOR TRANSMITTAL To THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2018-195) ef50nail. Known.. Produced Identification— REQUIRED OPEN SPACE,TO ADDRESS i,MUM PERMANENT RESI AMENDING i y per.-p, MONROE COUNTY CODE SECTION 130-157 MAx DIlmNT1AL DENSITY AND Type of Identikation Produced MINIMUMDENSITY ISSUES ON PARCELS OF LAND WITHIN THE IMPROVED SUBDIVISION(IS)ZONING DISTRICT THAT ARE NOT PLATTED LOTS;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFL.ICT!iNG PROVISIONS:PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STAU E;PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2018-197) AMENDING POLICY 101.5.29 OF THE MONROE COUNTY 20 CMPREHEN'SIVE PLAN TO ALLOW EXISTING LAWFULLY ESTABLISHED RESIDENTIAL DWELLING WhS, OTHER THAN MOBILE HOMES, TO BE CONSIDERED CONFORMING USES REGARDLESS OF FUTURE @...AND USE DISTRICT; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PpOVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE::PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (File 201 B- 20 9) AMENDING MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-163,EXISTING RESIDENTIAL DWELLING UNITS AND TRANSIENT UNITS,TO ALLOW EXISTING LAWFULLY ESTABLISHED RESIDENTIAL DWELLING UNITS,OTHER OTHERTHAN MOBILE HOMES,TO BE CONSIDERED CONFORMING USES REGARDLESS OF LAND USE(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 DE;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2018-210) POLICY 101 .4OF THE12030 MONROE COU YI dW RE COMPREHENSIVE PLAN TO AMENDING RESIDENTIAL DWELLING UNITS WITH LAWFULLY NONCONFORMING OPEN SPACE TO REDEVELOP AT THE PREVIOUSLY APPROVED OPEN SPACE RATIO IN CASES WHERE COMPLIANCE WITH CURRENT OPEN SPACE REGULATIONS WOULD RESULT IN A REDUCTION IN LOT COVERAGE;PROVIDING FOR SEVERABILITY,PROVIDING FOR REP OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2018- 211) AN on ENDING MONROE COUNTY LAND DEVELOPMENT CODE SECTION 102-57(ex2)c TO ALLOW RESIDENTIAL DWELLING UNITS WITH LAWFULLY NONCONFORMING OPEN SPACE TO REDEVELOP AT THE PREVIOUSLY APPROVED OPEN SPACE RATIO IN CASES WHERE COMPLIANCE WITH CURRENT OPEN SPACE REGULATIONS WOULD RESULT IN A REDUCTION IN LOT COVERAGE,PROVIDING FOR SIEVERABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FORTRANSMITTAL 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 (File 2019-021) l THE K40NROE COUNTY TIER OVERLAY DISTRICT P FROM TIER t TO TIER III AS REQUESTED BY RAFAEL AND GLORIA GONZALEZ FOR A PARCEL OF VACANT LAND LEGALLY DESCRIBED AS BLOCK 3 LOT 15 LARGO HI-LANDS,PLAT BOOK 4 PAGE 89,KEY LARGO.HAVINGREAL ESTATE NO. 1 -000 0; PROVIDING FOR SEVE I °PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO THE TIER OVERLAY DISTRICT ;PROVIDING FOR AN EFFECTIVE DATE. �i (FILE#2019-071)See Map 1 Below MAR I U l I LA Copies of the shove are available at the Monroe County Planning Department offices in Marathon and Key Largo during nomnal business hours and online at: Pursuant to SocVon 286.0105 Plordde Statutes,if a person docidas to qDped any i1ecksion of the Board of County Commissioners,with rasped to any matter consideradat therneating or &V.he::Prshewill nooda record of the proceedings,and that,foe-such purpose,he or she may need to in:surs a verbatim record of the proceedings is made,which record includes the testimony&evidence upon which the appeal ds to be based. ADA ASSISTANCE.N you are s person with a dbablilly who needs special accommodations In order to partk4mte In this proceeding,please contact the County Administrator's ,by Phoning T,between the hours o1 ELM a.m.-&W p.m.,no later than )calendar days prior to the u!ed meeting,Ifyou ono hearing ! !!1711." .:w�Ma� m.IN„�kp C!� IICim� &d"IYkIIT�pII IL A� teyi n Madok, CPA Y � � Clerk of the Circuit Court& Comptroller—Moniroe County,, Florid October 31, 2019 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. 038-2019 amending Monroe County Land Development Code Section 130-163, existing residential dwelling units and transient units,to allow existing lawfully established residential dwelling units, other than mobile homes,to be considered conforming uses regardless of land use(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 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 October 16, 2019. Should you have any questions, please feel free to contact me at(305) 292-3550. 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: Planning & Environmental County Attorney BOCC File KEY WEST MARATHON PLANTATVONl KEY PK /ROJTH BUILDING 5010 Whitehead Street 3117 Overseas IHlighwvay 88820,Overseas Highway 50 bHligh,Point(Road KeyWest,Floridla 33040, Marathon,Florida 33050 Plantation Key,Florida 330,70, Plantation Key,Fuorida 33070 3015-2'94-46411 305-2801-60,27 3015-852-71145 305-852-71145 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RON DESANTIS LAUREL M. LEE Governor Secretary of State October 31, 2019 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 038-2019, which was filed in this office on October 31, 2019. 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 Final Order No. DEO-20-001 STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY x rn :--. L ) Fri -r1 In re: A LAND DEVELOPMENT REGULATION 1/4 cp ADOPTED BY MONROE COUNTY, FLORIDA, 73 ORDINANCE NO. 038-2019 �, o 0 ' FINAL ORDER APPROVING MONROE COUNTY ORDINANCE NO. 038-2019 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. 038-2019 (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 October 16, 2019, and rendered to the Department on December 10, 2019. 3. The Ordinance amends Monroe County Land Development Code Section 130- 163 (Existing Residential Dwelling Units and Transient Units) to allow existing lawfully established residential dwelling units, other than mobile homes and transient uses, to be entitled to repair or replacement with the same type of dwelling unit. The Ordinance also allows already existing lawful mobile homes to be entitled to replace dwelling units with a detached dwelling unit. Dwelling units established under the Ordinance will not be considered nonconforming uses. Final Order No. DEO-20-001 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. See §§ 380.05(6) 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. The Ordinance is consistent with the Monroe County Comprehensive Plan generally, as required by section 163.3177(1), Florida Statutes, and specifically, with Objectives 101.1, 101.8, and 101.5.29. 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. § 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 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. Final Order No. DEO-20-001 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. WHEREFORE, IT IS ORDERED that the Department finds that Monroe county Ordinance No. 038-2019 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. J es D. Stansbury, reau Chi f reau of Community Planning and Growth epartment of Economic Opportunity Final Order No. DEO-20-001 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, BY FILING A PETITION. A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE DATE OF FILING OF THE FINAL ORDER AS INDICATED ON THE CERTIFICATE OF SERVICE. 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 AGENCY.CLERK@DEO.MYFLORIDA.COM 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 DATE OF THE FILING OF THE FINAL ORDER. 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. PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV, FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT AVAILABLE. Final Order No. DEO-20-001 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 C following persons by the methods indicated this day of February 2020. Age y Clerk Department of Economic Opportunity 107 East Madison Street, MSC 110 Tallahassee, FL 32399-4128 By U.S. Mail: The Honorable Sylvia Murphy Mayor, Monroe County 102050 Overseas Highway Suite 234 Key Largo, Florida 33037 Kevin Madok, Clerk Monroe County Board of County Commissioners PO Box 1980 Key West, Florida 33041