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Ordinance 047-2019 1 .,"6""'„,\ 3 , S } - 4 _ .;. 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 co tat f4 OE COUR e. MERSEY c< LTA iv Pam: 11 AISSI XMAt1,,.^�',i TY ATTowday o slat AV �.. cW U J J C CZ) 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