Ordinance 047-2019 1 .,"6""'„,\
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5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. 047-2019
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS AMENDING MONROE COUNTY LAND
13 DEVELOPMENT CODE SECTION 131-2(A), MAXIMUM HEIGHT
14 WITHIN OCEAN REEF, A GATED MASTER PLANNED COMMUNITY,
15 TO INCLUDE ADDITIONAL LANGUAGE TO ALLOW STRUCTURES
16 WITHIN OCEAN REEF TO EXCEED THE MAXIMUM HEIGHT LIMIT,
17 NOT TO EXCEED 60 FEET, UPON EVIDENCE SUBMITTED THAT THE
18 HEIGHT HAS BEEN APPROVED BY THE OCEAN REEF COMMUNITY
19 ASSOCIATION, INC. ("MASTER ASSOCIATION"), AS PROPOSED BY
20 SMITH/HAWKS, PL ON BEHALF OF OCEAN REEF CLUB, INC.;
21 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
22 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO
23 THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
24 STATE; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT
25 CODE; PROVIDING FOR AN EFFECTIVE DATE.
26
27
28 WHEREAS, on February 19, 2019, the Planning and Environmental Resources
29 Department received an application from Smith Hawks PL, on behalf of Ocean Reef Club, Inc.
30 and Ocean Reef Community Association, Inc., (the "Applicant") to amend the Monroe County
31 Land Development Code Section 131-2(a), to allow structures within Ocean Reef to exceed the
32 maximum height limit up to a maximum of eighty(80)feet,upon evidence submitted by the Ocean
33 Reef Community Association, Inc. ("Master Association") that a variance to height has been
34 approved by the Master Association based on criteria established for a variance by the Master
35 Association; and
36
37 WHEREAS, the adopted Land Development Code Section 131-2(a) provides a height
38 exception to the Ocean Reef master planned community for non-habitable architectural decorative
39 features to exceed the 35-foot height limit in Policy 101.5.30, provided the building together with
40 any architectural decorative feature does not exceed 40 feet; and
41
42 WHEREAS,the Ocean Reef master planned community is a 100+acre community which
43 is inaccessible to the surrounding community and has a distinct community character which has
Ordinance No.047-2019 Page 1 of 5
File#2019-024
1 additional regulations and is monitored and maintained by their homeowners association or similar
2 entity; and
3
4 WHEREAS, on April 1, 2019 a concept meeting was held, as required by LDC Section
5 102-158(d)(3), to discuss the proposed Comprehensive Plan and Land Development Code text
6 amendments, and it was determined that the proposed amendment would not have a County-wide
7 impact and a Community Meeting would not be required in accordance with LDC Section 102-
8 159(b); and
9
10 WHEREAS,the Monroe County Development Review Committee(DRC) considered and
11 reviewed the proposed amendment at a regularly scheduled meeting held on the 25th day of June,
12 2019; and
13
14 WHEREAS, staff is recommending approval of the proposed amendment to the Monroe
15 County Land Development Code Section 131-2(a), to allow maximum height within Ocean Reef,
16 a gated master planned community,to include additional language to allow structures within ocean
17 reef to exceed the maximum height limit, upon evidence submitted to and a height variance
18 approved by the Master Association established; and
19
20 WHEREAS, based upon the information and documentation submitted, the Development
21 Review Committee Chair found:
22 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
23 Monroe County Year 2030 Comprehensive Plan;
24 2. The proposed amendment is consistent with the Principles for Guiding Development
25 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
26 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute.
27
28 WHEREAS, the Monroe County Planning Commission held a public hearing on July 31,
29 2019, for review and recommendation on the proposed amendment and recommended approval
30 with changes; and
31
32 WHEREAS, the Monroe County Planning Commission recommended approval to the
33 proposed amendment with changes, as follows:
34
35 Within Ocean Reef lawfully established existing multifamily, transient and
36 nonresidential buildings which exceed the 35 foot height limit may be repaired,
37 improved, redeveloped and/or elevated to not exceed a total maximum building
38 height of 60 feet. The existing buildings are limited to the existing lawfully
39 established number of habitable floors.
40
Ordinance No.047-2019 Page 2 of 5
File#2019-024
1 WHEREAS, the Planning Commission was presented with the following documents and
2 other information relevant to the request, which by reference is hereby incorporated as part of the
3 record of said hearing:
4 1. Staff report prepared by R. Jay Berenzweig, Principal Planner, dated July 12, 2019;
5 2. Sworn testimony of Monroe County Planning&Environmental Resources Department
6 staff; and
7 3. Advice and counsel of Steve Williams, Assistant County Attorney, and John Wolfe,
8 Planning Commission Counsel; and
9
10 WHEREAS, based upon the information and documentation submitted, the Planning
11 Commission made the following Findings of Fact and Conclusions of Law:
12 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
13 Monroe County Year 2030 Comprehensive Plan; and
14 2. The proposed amendment is consistent with the Principles for Guiding Development
15 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
16 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
17
18 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P28-19
19 recommending approval of the proposed amendment; and
20
21 WHEREAS, the Applicant submitted additional data and analysis and amended language
22 on August 13, 2019, to the Planning Commission's recommended changes to the Land
23 Development Code Section 131-2(a) as follows:
24
25 Within Ocean Reef, multifamily, transient and nonresidential buildings developed
26 or redeveloped may not exceed a total maximum building height of 60 feet.
27 Buildings are limited to four habitable floors.
28
29 WHEREAS, at a regularly scheduled meeting on the 1 1th day of December, 2019, the
30 BOCC held a public hearing to consider adoption of the proposed Land Development Code text
31 amendment;
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
34 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
35
36 Section 1. The text of the Monroe County Land Development Code is hereby amended as
37 follows (Deletions are shown stricken through; additions are shown underlined):
38
39
40
Ordinance No.047-2019 Page 3 of 5
File#2019-024
1 Section 131-2 Maximum Height.
2 No structure or building shall be developed that exceeds a maximum height of 35 feet.
3 Exceptions will be allowed for chimneys; spires and/or steeples on structures used for
4 institutional and/or public uses only; radio and/or television antenna; flagpoles; solar
5 apparatus; utility poles and/or transmission towers; and certain antenna supporting structures
6 with attached antenna and/or collocations as permitted in chapter 146. Exceptions will be
7 allowed for flood protection as specifically permitted in Policies 101.5.32 and 101.5.33, and
8 within Ocean Reef as provided in Comprehensive Plan Policy 101.5.31 and restated in
9 subsection(a) and listed below. However, in no event shall any of the exclusions enumerated
10 in this section be construed to permit any habitable or usable space to exceed the maximum
11 height limitation, except as specifically permitted in Policies 101.5.31, 101.5.32 and
12 101.5.33. In the case of airport districts, the height limitations there in shall be absolute and
13 the exclusions enumerated in this section shall not apply.
14
15 (a) Within the Ocean Reef master planned community which is gated, isolated and
16 inaccessible to the surrounding community, and has a distinct community character,
17 buildings may include non-habitable architectural decorative features (such as finials,
18 railings, widow's walk, parapets) that exceed the 35-foot height limit in Policy 101.5.30,
19 but such features shall not exceed 5 feet above the building's roof-line. This exception
20 shall not result in a building together with any architectural decorative feature with a
21 height that would exceed 40 feet.
22
23 In addition, within the Ocean Reef gated master planned community, upon evidence
24 submitted that the proposed building height has been approved by the master association,
25 Ocean Reef Community Association Inc., pursuant to its Building Regulations and
26 Restrictions, buildings containing multifamily residential, transient, and/or
27 nonresidential uses may be developed or redeveloped to a total maximum building height
28 of 60 feet, provided the buildings are limited to four (4) habitable floors. Such
29 development on property owned by Ocean Reef Club, Inc. shall not be required to
30 provide evidence it has been approved by the master association,based on its exemption
31 from master association review under the Ocean Reef gated master planned community's
32 governing documents.
33
34 * * * * *
35
36
37 Section 2. Severability. If any section, subsection, sentence, clause, item, change, or
38 provision of this ordinance is held invalid,the remainder of this ordinance shall not
39 be affected by such validity.
40
41 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
42 conflict with this ordinance are hereby repealed to the extent of said conflict.
43
Ordinance No.047-2019 Page 4 of 5
File#2019-024
1
2 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of the
3 Secretary of the State of Florida but shall not become effective until a notice is
4 issued by the State Land Planning Agency or Administration Commission finding
5 the amendment in compliance with Chapter 163, Florida Statutes and after any
6 applicable challenges have been resolved.
7 .
8 Section 5. Inclusion in the Land Development Code. The text amendment shall be
9 incorporated in the Monroe County Land Development Code. The numbering of
10 the foregoing amendment may be renumbered to conform to the numbering in the
11 Monroe County Land Development Code.
12
13 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
14 at a regular meeting held on the llt& day of ct&n- , 2019 .
15
16 Mayor Heather Carruthers Yes
17 Mayor Pro Tern Michelle Coldiron Yes_
18 Commissioner Vacant Vacant
19 Commissioner David Rice Yes
20 Commissioner Sylvia J. Murphy Yes
21
22 ,f ,, �,}---_.,�c,�, BOARD OF COUNTY COMMISSIONERS
23 14,. -1 ,- OF MONROE COUN Y, FLORIDA
24/f4i, -,0=.-- \\ TiVA _
25 Fes \1 po m BY
26 r 4rgti tf MAYOR AT CARRUTHERS
28 R :. .
29 ATtESTF KEV1N MADOK, CLERK
30
31 qe.---.-.-4-4444-•
32 DEPUTY CLERK
33
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Ordinance No.047-2019 Page 5 of 5
File#2019-024
,
,)q „~--.""f-. KE:Y E,�''WEST
Tt RECEIVED
The Florida Keys Only Daily Newspaper, Est. 1876 DEC 2 7 2019
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F.:(305)295-8025
legals@keysnews.com
MONROE COUNTY ATTORNEY
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037 - - • -+
Account: 138694 Ticket: 322507
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [1el I
MONROE COUNTY'
Before the undersigned hority personally appeared BOARD OF COUNTY
vexCOMMSSIONERS
\Y\I lS 1
r Q who on oath says that he or she is CO •7a7
�� of the Key West Citizen, a daily NOTICE OF PUBLIC
Y 1
newspaper published Key Wee t, in Monroe County, Florida;that the attached MEETING AND NOTICE
copy of advertisment, being a legal notice in the matter of was published in said O F PUBLIC HEARING
newspaper in the issues of:
Sunday, November24,201g NOTICE OF CHANGE
TO MONROE COUNTY
Affiant further says that the Key West Citizen is a newspaper published in Key COMPREHENSIVE PLAN
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida every day, and NOTICE OF CHANGE TO
has been entered as periodicals matter at the post office in Key West, in said
Monroe County, Florida,for a period of 1 year next preceding the first publication MONROE COUNTY LAND
of the attached copy of advertisement; and affiant further says that he or she has DEVELOPMENT CODE
neither paid nor promised any person,firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for publica-
tion in the said new er.
December 11 , 2019
( Ignature of Affiant)
NOTICE IS HEREBY GIVEN that on Wednesday. December 11
A d a el sub d before me this 12th day of December 2019 2o1s,the Monroe County Board of County Commissioners will hold a
Public Meeting at the Murray E.Nelson Government Center,102050
Overseas Hwy, Key Largo, FL 33037 to review and receive public
comment for the following items:
(Not u lic atu
NNllNqPUBLIC HEARINGS: 1:30 PM (or as soon thereafter as may be
4,)t.01.404heard):
(Notary Pub c Printed Name) (Notary Seal) lq;': ► AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
//� ✓/2 COMMISSIONERS AMENDING
PLANPOLICY MONROE101.5.31 COUNTYMAXIMUM YEARHEIGHT 2030
My commission expires Gam / 2 ��
N„„, WITHIN OCEAN REEF, A GATED MASTER PLANNED COMMUNITY,
TO INCLUDE ADDITIONAL LANGUAGE TO ALLOW STRUCTURES
WITHIN OCEAN REEF TO EXCEED THE MAXIMUM HEIGHT LIMIT,
Personally Known X Produced Identification_ 4 NOT TO EXCEED 60 FEET,UPON EVIDENCE SUBMITTED THAT THE
co,
HAS BEEN APPROVED BY THE OCEAN REEF COMMUNITY
1. ASSOCIATION, INC. ("MASTER ASSOCIATION"); AS PROPOSED BY
Type of Identification Produced ' SMITH HAWKS PL; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
ik CI1 TRANSMITTAL TO THE STATE LAND PLANNINGP
AGENCY AND
r THE SECRETARY OF STATE; PROVIDING FOR INCLUSION IN THE
Z 3 MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
EFFECTIVE DATE.(File 2019-023)
1
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION
131-2,MAXIMUM HEIGHT,TO ALLOW STRUCTURES WITHIN OCEAN
REEF, A GATED MASTER PLANNED COMMUNITY, TO EXCEED
THE MAXIMUM HEIGHT LIMIT. NOT TO EXCEED 60 FEET, UPON
EVIDENCE SUBMITTED THAT THE HEIGHT HAS BEEN APPROVED
• BY THE OCEAN REEF COMMUNITY ASSOCIATION, INC. ("MASTER
ASSOCIATION");AS PROPOSED BY SMITH HAWKS,PL;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.(File 2019-024)
A RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS MAKING CERTAIN FINDINGS AND DESIGNATING
THE PROPERTY LOCATED AT 10 BEI IY ROSE DRIVE,BIG COPPITT
KEY,WITH PARCEL ID NO.00120940-000201,00120940-000100,AND
00120940-000302, LOCALLY KNOWN AS THE QUARRY, PURSUANT
TO SECTION 376.80,FLORIDA STATUTES,FLORIDA'S BROWNFIELD
REDEVELOPMENT ACT, FOR THE PURPOSE OF ENVIRONMENTAL
REHABILITATION, JOB CREATION AND PROMOTING ECONOMIC
REDEVELOPMENT;AUTHORIZING THE COUNTY CLERK TO NOTIFY
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
OF SAID DESIGNATION; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
(FILE 2019-207)See Map 1 below
oe12044o-000302
r \ 00120940-000100
00120960-000201
Big Copp+tl Key
Mile Marker 10
Copies of the above are available at the Monroe County Planning
Department offices in Marathon and Key Largo during normal business
hours and online at: www.monroecounty-fl.gov
Pursuant to Section 286.0105 Florida Statutes, if a person decides to
appeal any decision of the Board of County
Commissioners, with respect to any matter considered at the meeting
or hearing,he or she will need a record of the proceedings,and that,
for such purpose,he or she may need to insure a verbatim record of the
proceedings is made, which record includes the testimony&evidence
upon which the appeal is to be based.
ADA ASSISTANCE:If you are a person with a disability who needs
special accommodations in order to participate in this proceeding,
please contact the County Administrator's Office,by phoning(305)
292-4441,between the hours of 8:30 a.m.-5:00 p.m.,no later than
five (5) calendar days prior to the scheduled meeting;if you are
hearing or voice impaired,call"711."
November 23,2019 Key West Citizen
GJ.S COURf1'
Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
1%Zoc VN
January 28, 2020
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. 047-2019 amending Monroe County
Land Development Code Section 131-2(A), Maximum Height within Ocean Reef, a gated master
planned community, to include additional language to allow structures within Ocean Reef to
exceed the maximum height limit, not to exceed 60 feet, upon evidence submitted that the height
has been approved by the Ocean Reef Community Association, Inc. ("Master Association"), as
proposed by Smith/Hawks, PL on behalf of Ocean Reef Club, Inc.; 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 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 December 11, 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 PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
4,
V'i waa�
FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
January 28, 2020
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. 047-2019, which was filed in this office on January 28,
2020.
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-20-013
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION . 'n
ADOPTED BY MONROE COUNTY, FLORIDA
"Ti
ORDINANCE NO. 047-2019 �' N— a
FINAL ORDER C?
APPROVING MONROE COUNTY ORDINANCE NO. 047-2019 ?
o
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. 047-2019 (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 December 11, 2019, and
rendered to the Department on February 18, 2020.
3. The Ordinance amends Section 131-2 of Monroe County's Land Development
Code to provide that certain developed or redeveloped properties within the Ocean Reef
community may be built to a maximum building height of 60 feet as long as the building is
limited to four or less habitable floors.
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.
1
Final Order No. DEO-20-013
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 Policy
101.5.31.
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.
(m) Providing adequate alternatives for the protection of public safety and welfare in
the event of a natural or manmade disaster and for a postdisaster reconstruction plan.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe county
Ordinance No. 047-2019 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.
2
Final Order No. DEO-20-013
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.
/s/James D. Stansbury
James D. Stansbury, Bureau Chief
Bureau of Community Planning and Growth
Department of Economic Opportunity
•
. h Final Order No. DEO-20-013
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 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
AGENCY.CLERK@DEO.MYF LORIDA.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 BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
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.
4
. Final Order No. DEO-20-013
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 16th day of April 2020.
/s/Janay Lovett
Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By U.S. Mail:
The Honorable Heather Carruthers
Mayor, Monroe County
500 Whitehead Street
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
5