Item Q13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19. 2006
Bulk Item: Yes No .....L.
Division: County Attorney
Department: County Attorney
Staff Contact Person: Jeny D. Sanders
AGENDA ITEM WORDING:
Discussion of and direction to staff regarding a Florida Department of Community Affairs Final Order,
rejecting Monroe County Ordinance Number 015-2006, which amended Monroe County's Land
Development Regulations to allow for density bonuses for affordable and employee housing units of
750 square feet or less.
ITEM BACKGROUND:
On June 29, 2006, pursuant to Section 380.05(6) if the Florida Statutes, the Florida Department of
Community Affairs (DCA) issued Final Order Number DCA06-0R157 rejecting Monroe County
Ordinance No. 015-2006 after finding it to be inconsistent with the Principles for Guiding Development
of the Florida Keys Area of Critical State Concern.
The DCA's Final Order was submitted for publication in the Florida Administrative Weekly on June 29,
2006 for publication on July 14,2006.
Pursuant to Section 120.569, any person whose substantial interests are affected by the Final Order has
the opportunity to request an administrative proceeding regarding the DCA's action. Such a request
must be filed with the Agency Clerk of the Florida Department of Community Affairs within 21 calendar
days of publication of the Final Notice. For this Final Order the filing deadline is August 4, 2006.
PREVIOUS RELEVANT BOCC ACTION:
April 19, 2006 Monroe County Ordinance 015-2006 was passed unanimously by the BOCC at
its regular meeting.
February 15, 2006 Workforce Housing Task Force recommendations were conceptually approved
and directions given to staff by the BOCC pursuant to Resolution Nos. 093-2006
and 096-2006.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Staff recommends that Monroe County file a written Petition for Administrative Proceedings with the
DCA challenging DCA Final Order Number DCA06-0R-157.
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Attorney ...,/' OMBlPurchasing _ Risk Management _
DOCUMENTATION:
Included
DMSION DIRECTOR APPROVAL:
DISPosmON:
AGENDA ITEM #
.-
DCA Final Order No.: DCA06-0R-157
In re:
STATE OF FLORIDA __
DEPARTMENT OF COMMUNITY AF"' I ~ @ rn 0 w rn
MONROE COUNTY LAND I
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 015-2006
/ GROWTH ~MMGtMENT DIVISION
~ __.,~.L - ~ - .' ~ '/
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2005), rejecting a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern,
and Monroe County is a local government within the Florida Keys Area.
2. On May 22, 2006, the Department received for review Monroe County Ordinance
No. 015-2006 ("Ord. 015-2006").
3. The final order for this Ordinance must be signed by July 20, 2006.
4. The purpose of the Ordinance is to amend the definitions section of the Monroe
County Land Development Regulations to add "dwelling, density bonus unit" and "dwelling,
half unit," to the definitions, thereby allowing an award to a site if the units are 750 square feet in
SIze.
5. Ordinance 015-2006 is inconsistent with the 2010 Monroe County
Comprehensi ve Plan. Sections 9 .5-4(D- 31)( a) ("dwelling, density bonus unit"), 9.5 -4(D- 31 )(b)
("dwelling, half unit"), and 9.5-262 are inconsistent with Comprehensive Plan Policy 101.4.21,
Future Land Use Densities and Intensities. That policy describes development in terms of
dwelling units per acre. The plan does not address half allocations or density bonuses for half
DCA Final Order No.: DCA06-0R-157
allocations. No basis has been established within the Comprehensive Plan for half of a dwelling
uni 1.
CONCLUSIONS OF LAW
6. The Department is required to approve or reject land development regulations that
are enacted, amended, or rescinded by any local government in the Florida Keys Area of Critical
State Concern. ~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2005).
7. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. ~ 380.0552, Fla. Stat. (2005) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
8. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. ~ 380.031(8), Fla. Stat. (2005). The
regulations adopted by Ord. 015-2006 are land development regulations.
9. AU land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in ~ 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
10. Ord. 015-2006 is inconsistent with the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(k) To provide adequate alternatives for the protection of public
safety and welfare in the event of a natural or manmade
disaster and for a post disaster reconstruction plan.
(1) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
11. Ord. 015-2006 is inconsistent with the Principles for Guiding Development as a
2
DCA Final Order No.: DCA06-0R-157
whole.
12. Ordinance 015-2006 is inconsistent with the 2010 Monroe County Comprehensive
Plan.
WHEREFORE, IT IS ORDERED thatOrd. 015-2006 is found to be inconsistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby REJECTED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
CY D ER
State PI . g Administrator
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATNE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRA TNE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRA TNE PROCEEDING, YOU MAYBE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
3
DCA Final Order No.: DCA06-0R-157
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LA W JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENT A TIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET rHE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
4
DCA Final Order No.: DCA06-0R-157
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 a orrect 9~e been furnished
to the persons listed below by the method indicated this y 0 2006.
By U.S. Mail:
Honorable Charles McCoy
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Aref Joulani
Acting Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Bv Hand Deliverv or Interagency Mail:
Tracy D. Suber, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
Christine M. Cosby, Assistant General Counsel, DCA Tallahassee
5
ORDINANCE NO. .Jll2. - 2006
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADDING TO EXISTING
DEFINITIONS (Sec. 9.5-4); AMENDING MAXIMUM
RESIDENTIAL DENSITY AND DISTRICT OPEN SPACE (Sec. 9.5-
262) TO ALLOW FOR DENSITY BONUSES FOR AFFORDABLE
UNITS OF 750 SQ. FT. OR LESS; AMENDING REQUIRED
PARKING (Sec. 9.5-352); AMENDING AND/OR ADDING FOR
CONSISTENCY PURPOSES RELATED PROVISIONS;
PROVIDING FOR SEVERABILITY AND REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING EFFECTIVE DATE;
PROVIDING FOR INCORPORATION IN THE MONROE
COUNTY CODE OF ORDINANCES
WHEREAS, the Board of County Commissioners has considered the comments
of the public, recommendations of the Planning Commission, recommendations of staff
and the Workforce Housing Task Force and its counsel, and other matters, and;
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
I. The lack of sufficient affordable housing opportunities for the local
workforce creates serious risks to the local economy.
2. There is limited land area suitable for residential development remaining
in the County.
3. There is a current estimated unmet need of about 7,317 affordable units
the County.
4. Allowing a density bonus will allow for the creation of more affordable
housing under the Code, is a legitimate state interest and is proper to implement Goals
101 and 601 of the plan (e.g., Objective 101.4; Policy 101.4.5; Policy 601.1.12 and
Objectives 601.2 and 601.6).
5. These amendments to the land development regulations are appropriate in
that they recognize the need for additional detail and comprehensiveness in addressing
housing needs in Monroe County, based upon, among other factors, new issues, including
accelerated conversion of existing affordable housing stock, increased housing pressures
due to housing loss caused by Hurricane Wilma, and the changed projections and
assumptions regarding resulting demographic trends.
6. These amendments to the land development regulations specifically
further Fla. Stat. ~ 163.3202(3) by implementing innovative land development regulation
provisions such as transfer of development rights, incentive and inclusionary housing.
7. These amendments to the land development regulations are necess~ to
ensure that, despite the limited availability of developable lands, the County's existing
and future housing stock includes adequate affordable housing opportunities.
1
8. The proposed amendments to the Land Development Regulations are
consistent with and further goals, objectives and policies of the Year 2010
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING: That
the preceding findings support its decision to approve the amendments to the Land
Development Regulations of the Monroe County Code as provided herein:
Section 1.
Add Sec. 9.5-4(D-31)(a) as follows:
(D-31)(a) Dwelling, density bonus unit means the additional number of dwelling
half units that can be added to a site pursuant to the means as defined in Section 9.5-
262** and shall be one (1) or more rooms physically arranged to create a housekeeping
establishment for occupancy by one (1) family with separate toilet facilities. The
abbreviation "DDBU" shall mean "dwelling density bonus unit".
Section 2.
Add Sec. 9.5-4(D-31) (b) as follows:
(D- 31 )(b) Dwelling, half unit means deed restricted affordable housing units as
defined in MCC ~ 9.5-4 (A-4-5) that range in size from 400 to 750 square feet which
shall be considered one-half (.5) of a dwelling unit for the purpose of calculating density
as laid out in ~9.5-262**.
Section 3.
Amend cbart rows of Sec. 9.5-262 and add *'Ie row as follows:
Maximum residential density and district open space. *,
Land use district Allocated density Maximum net density Open space
DU/acre DU/buildable area ratio *
Urban Residential 6.0 12.0 0.2
(Affordable and 6.0 25.0** 0.2
Employee housing)
Suburban Commercial 3.0 6.0 0.2
(Affordable and 3.0 18.0** 0.2
Employee housing)
Mixed Use 1.0 12.0 0.2
(Affordable and 1.0 18.0** 0.2
Employee housing)
** For the purposes of these density calculations only, notwithstanding the definition of a
dwelling unit as defined in ~9.5-4 (0-31), deed restricted affordable or employee housing
units (as defined in MCC~99.5-(A-4-5) and (E-I), respectively), in the SC, MU and UR
2
land use districts that range in size from 400 to 750 square feet shall be considered a
dwelling half unit. An equal number of additional dwelling half unit(s) shall be available
for each dwelling half unit provided. The additional dwelling half units shall be defined
as dwelling density bonus unit(s).
Section 4.
Amend Section 9.5-352 by adding row as follows:
(c) Required Number of Off-Street Parking Spaces: The following is the number of
parking spaces to be provided for each use:
TABLE INSET:
Specific Use Category
Dwelling half units
Minimum Required Number of Spaces
1.0 spaces per dwelling half unit
Section 5. Severabilitv.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 6. Conflictin2 Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state or county law, rule, code or regulation. the
more restrictive shall apply.
Section 7. Transmittal
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs to determine the
consistency of this ordinance with the Florida Statutes and as required by F.S. 380.05(6)
and (l I).
Section 8. Filine
This ordinance shall be filed in the Office of the Secretary of State of Florida but shall
not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
3
Section 9. Effective Date.
This ordinance shall become effective as provided by law and stated above. Where
Comprehensive Plan amendments may be required in order for any part of this ordinance
to be deemed consistent with the Comprehensive Plan, the effective date of such part
shall be as of the effective date of the required Comprehensive Plan amendment and as
otherwise required by law.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of April, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Murray Nelson
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
Yes
Vacant
Yes
Yes
Yes
BOARD OF COUNTY
OF MONROE COUN
APPROVED AS TO FORM:
County Attorney
y" McCoy
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) '1JJ9-(JJ].7
FAX (305) 289.1745
MONROE COUNlY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WES'I; FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
8Il82O OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
May 10, 2006
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekley
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 9617
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 014-2006 approving the request by !tnor Corporation to amend the Land
Use District for the following property from Urban Residential Mobile-Limited (URM-L) to
Urban Residential (UR). The property is physically located on Laurel and 2nd Avenue and is
legally described as Stock Island Maloney Sub PBl-55 Lots 1 thru 7 & Adj Bay Btm Lots 11 to
21 Inc Sqr 32 048-164-65, Stock Island, Monroe County, Florida. The real estate number is
00124540.000000, at approximate mile marker 5.
Ordinance No. 015-2006 adding to existing definitions (Sec. 9.5-4); amending Maximum
Residential Density and District Open Space (Sec. 9.5-262) to allow for density bonuses for
affordable units of 75 sq.ft. or less; amending required parking (Sec. 9.5-352); amending and/or
adding for consistency purposes related provisions; providing for severability and repeal of
inconsistent provisions; providing effective date; providing for incorporation in the Monroe
County Code of Ordinances.
Ordinance No. 016-2006 amending the existing definition for maximum sales price of an
affordable housing unit (Sec. 9.5-4); amending affordable and employee housing provisions (Sec.
9.5-266); providing for severability and repeal of inconsistent provisions; amending and/or adding
for consistency purposes related provisions; providing effective date; providing for incorporation
in the Monroe County Code of Ordinances.
Monroe County Clerk's Office
Ordinance Nos. 014-2006, 015-2006 & 016-2006
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on April 19, 2006. Please file for record. Should you
have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc:
Growth Management
County Attorney
BaCC
File
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FLORIDA DEPARTMENT OF STATE
Sue M. Cobb
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
May 19, 2006
Honorable Danny L. Kolhage
Clerk of Circuit Cowt
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provi'sions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated May 10, 2006 and certified copies of Monroe County Ordinance
Nos. 014-2006 through 016-2006, which were filed in this office on May 17,2006.
Sincerely.
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Liz Cloud
Program Administrator
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R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850)488-2746. TOO: (850) 922-4085. http://w_.dos.state.n.us
[JLEGISLA TIVE LIBRARY SERVICE [J RECORDS MANAGEMENT SERVICES [JFLORIDA STATE ARCHIVES
(8~Q)48lH8J;l. fAX; (8:;Q) 488-9879 (8~0)487-218o. FAX: (850)413-7224 (850)245-6700. FAX: (850)488-4894
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(850) 245-6270. FAX: (850) 245-6282
ENDER CQ,1ilPLETE THI:> :;,ECT/ON
. Complete items 1. 2. 8nd 3. Also complete
item 4 If RestrIoted DelIvery Is desired.
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$0 thai we can retum tile card to you.
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or on the front if epace permits.
1. Melt> Addres&ed to:
Ms. Liz Cloud, Program Admin.
Administrative Code & Weekley
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
(Ord. 014,015&016)
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Monroe County Clerk's Office
At tt'" tion: P. Hancock
PO Box 1980
Key West FL 33041-1980
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