Ordinance 037-2003
co
0 C'-.::
,--. Lr..1
.......", M ( .~ ..1
U .~
W ~:( Lr...
0: .::r: ::::-:,-~~
a... -su_
e:: o .:;z:
0 C":) :x:~:;:)
'uo
k -s .c..;
0 > >-.::cw
~ ;e...Jo
Lu :Z:" ':I:::
-J ......, <( ..z:
-- <::::) C 0
u. <==> r
c-.....,
ORDINANCE NO. 037 - 2003
AN ORDINANCE AMENDING SECTIONS 9.5-316.1, 9.5-316.2, AND
9.5-317, AND CREATING SECTION 9.5-319, MONROE COUNTY
CODE [FLOODPLAIN MANAGEMENT REGULATIONS]; PROVIDING
FOR REORGANIZATION; PROVIDING FOR DEFINTIONS; PROVIDING
FOR REVISIONS TO REGULATIONS REGARDING RESIDENTIAL
NONCONFORMING STRUCTURES; PROVIDING FOR INSPECTIONS
UPON TRANSFER OF RESIDENTIAL PROPERTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND DIRECTING THE CLERK OF THE
BOARD TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE FOR ORDINANCE
WHEREAS, the Board of County Commissioners adopted Ordinance 2-1974 that established
floodplain management regulations for Monroe County to allow the County to participate in the
National Flood Insurance Program; and,
WHEREAS, the County's floodplain management regulations were last amended by Ordinance
39-2000; and,
WHEREAS, the Implementation Plan for the Monroe County Flood Insurance and Inspection
and Compliance Program ("lmplementation Plan"), approved by the Federal Emergency
Management Agency ("FEMA") in April 2003, required further amendments to the County's
floodplain management regulations; and,
WHEREAS, draft amendments to the floodplain management regulations proposed by staff for
consideration by the Board of County Commissioners in response to the FEMA approved
Implementation Plan, were tabled so that the County FEMA Liaison and staff could negotiate with
FEMA staff, revisions to the Implementation Plan; and,
WHEREAS, these negotiations with FEMA staff resulted in the preparation of a revised
Implementation Plan approved by the Board of County Commissioners in Resolution 152-2003 on
April 16, 2003, and FEMA on May 22, 2003; and,
WHEREAS, the Growth Management Division with review and input from the County Attorney's
office has prepared amendments to the existing floodplain regulations to implement the approved
revised Implementation plan; and,
WHEREAS, the Monroe County Planning Commission sitting as the local planning agency, after
due notice and public participation, has reviewed the proposed amendments and recommends
approval with revisions; and
WHEREAS, the Board of County Commissioners has examined the proposed amendments to the
floodplain management regulations: and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the decision of
the Planning Commission and recommendations of the Growth Management staff; and
Final 10/15/03
Page 1 of 15
Initials_
WHEREAS, it is the desire of the Board that the following amendments to the land development
regulations be approved, adopted and transmitted to the state land planning agency for
approval;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, THAT:
Sections 9.5-316.1 and 9,5-316.2, Monroe County Code, are amended to read as
follows:
Section 1.
Sec. 9.5-316.1. General provisions.
(a) Applicability: Except as provided for the elevated portion of a
nonconforming residential structure by sec. 9.5-317(a)(10), no structure or
manufactured home hereafter shall be located, extended, converted or structurally
altered without full compliance with the terms of this division in addition to other
applicable regulations of this chapter.
(b) Adoption of Maps: The areas of special flood hazard identified by the
Federal Emergency Management Agency (FEMA) in its Flood Insurance Study and
Wave Height Analysis for Monroe County, Florida, Unincorporated Areas, dated
October 1 7, 1989, or the most current official maps approved by FEMA, with
accompanying maps and other supporting data, and any revisions thereof, are
adopted by reference and declared to be a part of this division, and shall be kept on
file, available to the public, in the offices of the county planning development.
(c) Rules for Interpreting Flood Hazard Issues: The boundaries of the flood hazard
areas shown on the official flood insurance rate maps may be determined by scaling
distances. Required interpretations of those maps for precise locations of such
boundaries shall be made by the Floodplain Administrator, in consultation with the
building official. In interpreting other provisions of this division, the building official shall
be guided by the current edition of FEMA's 44 CFR, and FEMA's interpretive letters,
policy statements and technical bulletins as adopted by resolution from time to time
by the board of county commissioners. Additionally, the building official shall also
obtain, review and reasonably utilize any base flood elevation and floodway data
available from a federal. state or other source, as criteria for requiring that new
construction, substantial improvements, and other developments meet the criteria
required in the appropriate flood zone.
Sec. 9.5-316.2. Permit requirements.
(a) Except for work specifically exempted under chapter 6.0, the building official
shall require building permits for all proposed construction or other improvements
within areas of special flood hazard. In addition to the standard requirements for a
building permit, an application for a building permit for construction or improvements
within areas of special flood hazard shall contain the information and certifications set
forth in a form provided by the director of planning.
(b) All building foundations shall rest directly on natural rock, on concrete piling
driven to rock or on friction piling (concrete or wood) and shall be anchored to such
rock support by holes, sixteen (16) inches in minimum diameter, augured into said rock
a minimum depth of three (3) feet and reinforced by a minimum of four (4) number
five (#5) vertical rods extending up into the piers above a minimum of eighteen (18)
Final 10/15/03
Page 2 of 15
Initials_
Final 10/15/03
inches and tied to the vertical steel of the pier. Wooden pilings shall be locked into
sixteen (16) inch auger foundations by at least a number five (#5) rebar extending
through the piling and three (3) to five (5) inches beyond.
(c) The permit holder shall provide a floor elevation after the lowest floor is
completed or, in instances where the structure is subject to the regulations applicable
to coastal high-hazard areas, after placement of the lowest horizontal structural
members of the lowest floor. Floodproofing certification shall be provided prior to a
certificate of occupancy or prior to final inspection.
(d) Within twenty-one (21) calendar days of establishment of the lowest floor
elevation, or upon placement of the lowest horizontal structural members of the lowest
floor, whichever is applicable, it shall be the duty of the permit holder to submit to the
building official a certification of the elevation of the lowest floor or the lowest portion
of the lowest horizontal structural members of the lowest floor, whichever is applicable,
as built in relation to mean sea level. Such certification shall be prepared by or under
the direct supervision of a registered land surveyor or professional engineer and
certified by same. When floodproofing is utilized for a particular building, the
certification shall be prepared by or under the direct supervision of a professional
engineer or architect and certified by same. Any work done within the twenty-one-
day period and prior to submission of the certification shall be at the permit holder's
risk. The building official shall review the floor elevation survey data submitted.
Deficiencies detected by such review shall be corrected by he permit holder
immediately and prior to further progressive work being permitted to proceed. Failure
to submit the surveyor failure to make the corrections required hereby shall be causes
to issue a stop-work order for the project.
(e) Warning and Disclaimer of Liability: The degree of flood protection required
in this division is reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare occasions. Flood
heights may be increased by manmade or natural causes. This division does not imply
that land outside the areas of special flood hazard or uses permitted within such areas
will be free from flooding or flood damages. This division shall not create liability on the
part of Monroe County or any officer or employee thereof for any flood damages that
result from reliance on this division or any administrative decision lawfully made
thereunder.
(f) Definitions: The words and phrases used in this division shall have the
meanings prescribed in this chapter, except as otherwise indicated as follows:
Alteration means any change or modification in construction type, materials, or
occupancy.
Development means any manmade change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations or storage of equipment
or materials.
Elevated Building means a non-basement building which has its lowest elevated
floor raised above ground level by foundation walls, shear walls, posts, piers,
pilings, or columns,
Enclosure means that portion of an elevated building below the lowest elevated
floor that is either partially or fully shut in by rigid walls and used solely for limited
Page 3 of 15
Initials_
Final 10/15/03
storage, parking or entryways. Enclosures shall not be constructed, equipped or
used for habitational purposes.
Existing Construction means structures for which the start of construction
commenced before the effective date of the floodplain management
regulations adopted by the community January 1, 1975. Existing construction is
also known as pre-FIRM structures.
Existing Manufactured Home Park means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots, the
construction of the streets, and either final site grading or the pouring of
concrete pads is completed before the effective date of the floodplain
management regulations adopted by the community January 1, 1975 and in
which, at the time of application, there are no site built residences or the park or
subdivision is limited to manufactured homes by this chapter.
Finishing Materials means anything beyond basic wall construction pursuant to
FEMA Technical Bulletin 2-93, which is normally associated with habitable space.
Finishing materials include but are not limited to ceiling mold, trim, baseboards,
decorative finish work, wainscoting, and textured woods.
Limited Storage means the storage of items not subject to damage by water or
exposure to the elements such as lawn mowers, rakes, wheelbarrows and similar
outdoor equipment. Limited storage does not apply to household items, indoor
furniture, personal property, tools or other equipment vulnerable to damage by
floodwaters.
Manufactured Home means a structure, transportable in one (1) or more
sections, which is built on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities. The
term also includes park trailers, travel trailers, and similar transportable structures
placed on a site for one hundred eighty (180) consecutive days or longer and
intended to be improved property.
Market Value means the Monroe County Property Appraiser's depreciated value
of the structure plus twenty (20) percent. A cost approach appraisal for
determination of market value submitted by the applicant may be used if the
County Building Official considers such cost approach appraisal consistent with
local construction costs. Where a cost approach appraisal is not accepted by
the staff because it appears to be inconsistent with local construction costs an
applicant may request review by an independent third party appraiser duly
authorized by the County. The cost of independent review shall be borne by
the applicant. The reviewing appraiser shall determine if the appraisal value
cost approach reasonably reflects an appropriate value of the structure. The
independent appraiser's determination shall be in writing. Professionals preparing
a cost approach appraisal shall be required to possess certifications as State
Certified Residential Appraisers for appraising one to four family residential
properties and State Certified General Appraisers for all other properties
including commercial and multi residential. Copies of all certified appraisals shall
be forwarded to the office of the county property appraiser.
New Construction means those structures for which the "start of construction"
commenced on or after the effective date of the floodplain management
Page 4 of 15
Initials_
Final 10/15/03
regulation adopted by the community which is January 1, 1975. New
construction is also known as post-FIRM structures.
Nonconforming means a structure, improvement or other development, which is
not fully compliant with the terms of this division.
Pure Manufactured Home Park means a Manufactured Home Park which at the
time of application has no site-built residences or a park or subdivision which is
limited to manufactured homes only by this chapter.
Recreational Vehicle means a vehicle which is: (a) built on a single chassis; (b)
400 square feet or less when measured at the largest horizontal projection; (c)
designed to be self propelled or permanently towable by a light duty truck; and
(d) designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
Start of Construction means (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act) the date the building
permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement or other improvement was
within 180 days of the permit date. For substantial improvements the actual start
of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building whether or not the alteration affects the external
dimensions of the building.
Substantial Damage means damage of any ongln sustained by a structure
whereby the cost of restoring the structure to its before damaged condition
would equal or exceed 50 percent of the market value of the structure before
the damage occurred. Damage of any origin includes but is not limited to
demolition in preparation for improvements, deterioration due to lack of
maintenance and repair and exposure to the elements and damage by acts of
God.
Substantial Improvement means any repair, reconstruction, rehabilitation,
addition, or other improvement the cost of which equals or exceeds 50 percent
of the market value of the structure either (a) before the improvement or repair is
started, or (b) if the structure has been damaged and is being restored, before
the damage occurred. This term includes structures that have incurred
"substantial damage" regardless of the actual repair work performed. The term
does not include either:
(1) Any project for improvement to correct existing violations of state or local
health, sanitary or safety code specifications which have been identified
by local code enforcement officials and which are the minimum necessary
to assure safe conditions or;
(2) Any alteration of a historic structure provided that the alteration will not
preclude the structures continued designation as a historic structure.
Substantial improvements only apply to structures whose initial construction
began prior to January 1, 1975 (pre-FIRM) or structures rendered
noncompliant to the elevation requirements because of a change in Flood
Insurance Rate Maps (FIRMs).
Page 5 of 15
Initials_
Section 2.
Final 10/15/03
Section 9.5-317, Monroe County Code, is amended to read as follows:
Sec. 9.5-317. Standards for issuance of building permits in areas of special flood
hazards.
(a) Generally: No building permit for proposed construction within an area of
special flood hazard shall be granted unless the proposed construction is in
compliance with the standards set forth in this division. In all areas of special flood
hazard, the following standards apply:
(1) All new construction and substantial improvements shall be adequately
anchored by pilings or columns to prevent flotation, collapse or lateral
movement of the structure,
(2) All applications deemed substantial or nonsubstantial must be approved
by the floodplain administrator, director of growth management, or the
building official/director.
(3) All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(4) All new construction and substantial improvements shall be constructed by
methods and practices that minimize flood damage.
(5) All new or replacement water supply systems shall be designed and
constructed by methods and practices that minimize flood damage.
(6) All new or replacement sanitary sewage systems shall be designed and
constructed to minimize or eliminate infiltration of floodwaters into the
system and discharge from the system into floodwaters. Joints between
sewer drain components shall be sealed with caulking, plastic or rubber
gaskets, and all manhole covers shall be sealed in as similar manner.
(7l On-site waste disposal systems shall be located and constructed to
minimize or eliminate damage to them and contamination from them
during flooding.
(8) Any alteration, repair, reconstruction or improvement to a structure which
already is in compliance with the provisions of this division shall meet the
requirements of new construction as contained in this division,
19) Nonconforming uses and construction below elevated post-FIRM buildings
may not be expanded or improved or repaired from damages of any origin
and no building permit shall be issued for any improvements to below base
flood enclosures, other than for demolition or a permit to remedy a life
safety hazard, unless the structure is brought into compliance with this
division.
(10) The elevated portion of any nonconforming structure may be extended,
expanded, or structurally altered upon meeting the following conditions:
a. The improvement is not substantial as defined under in this division;
and,
Page 6 of 15
Initials_
Final 10/15/03
b. Prior to approval and issuance of the building permit for construction of
the proposed improvement, the growth management division staff shall
complete an inspection of the below base flood enclosed area to
document the extent of any non-conformity; and,
c. If the structure is located within a V-zone, prior to the issuance of a
building permit, the permit applicant shall submit a professional engineer's
or registered architect's sealed certification that the improvements to the
non-conforming structure do not subject the elevated portion of the
structure to increased flood risk or structural damage.
(11) No manmade alteration of sand dunes, dune ridge, mangrove stands or
wetlands shall be allowed which would increase potential flood damage.
(12) All new construction shall be located landward of the reach of mean high
tides.
(13) All agreements for deed, purchase agreements, leases, or other contracts
for sale or exchange of lots within areas of special flood hazard shall carry
the following flood hazard warning prominently displayed on the
document:
FLOOD HAZARD WARNING
This property may be subject to flooding. You should contact
the county growth management division and obtain the latest
information regarding flood elevations and restrictions on
development before making use of this property.
(b) Additional Standards: In all areas of special flood hazard where base flood
elevation data has been provided the following provisions are required:
(1) Residential construction:
a. New construction or substantial improvement of any residential structure
shall have the lowest floor for zones A 1-30, AE and AH or bottom of the
lowest supporting member for zones Vl-30, VE or V elevated at or above
the base flood elevation level.
b. Electrical and mechanical equipment servicing an elevated structure
must be elevated at or above the required base flood elevation.
Elevators may be placed below the required base flood elevation,
although the mechanical and electrical equipment serving the elevator
must be elevated at or above the required base flood elevation.
c. Sewer and storm drainage systems, which extend below the base flood
elevation, shall be provided with automatic backflow prevention valves
or devices installed at the point where the line passes an exterior wall or
slab.
d, Except as noted in paragraph 7 of this subsection (b), the space below
the lowest floor of an elevated structure shall be used exclusively for
parking of vehicles, elevators, limited storage or building access
purposes. Such spaces may be enclosed under the following conditions:
Page 7 of 15 Initials_
(i) Only a maximum of 299 square feet of the space shall be enclosed
with opaque materials. Any remaining portion of an enclosed area of
more than 299 square feet shall only be enclosed with screen or
lattice. Areas of 300 square feet or more, enclosed with opaque
materials, existing on the effective date of this ordinance, shall be
deemed conforming as to the provisions of this paragraph; however
such enclosures shall not be expanded or substantially improved
unless they are brought into compliance with this division.
(ii) Walls of any enclosed area must be designed and constructed in a
manner to prevent flotation, collapse and lateral movement of the
structure.
(Hi) The walls of any enclosed area below the base flood elevation in
zones A 1-30, AH and AE on the community FIRM shall be provided
with openings such as vents, louvers or automatic valves which permit
the level of floodwaters within the enclosed area to match the rising
and falling of floodwaters on the outside of the structure, A minimum
of two (2) openings located on separate walls shall be provided
having a minimum total net area of one (1) square inch for each
square foot of enclosed area, where the enclosed area is calculated
by outside dimensions. Openings shall be situated such that the
bottom of each opening is no higher than one (1) foot above finished
grade.
(iv) Interior walls, ceilings and floors in enclosures of 299 square feet or less
may be finished with a class 4 or 5 exterior finish in accordance with
FEMA Technical Bulletin 2-93. Technical Bulletin 2-93 limits the finish to
basic wall ceiling and floor construction. This is meant to exclude the
use of materials and finishes normally associated with living areas
constructed above base flood elevation from those areas of the
enclosure located below the base flood elevation.
(v) The interior portion of an enclosed area below an elevated building
may not be partitioned except that garages may be separated from
storage and entryway. In the event an existing enclosure is enlarged,
the walls between the existing enclosure and the additional
enclosure must be deleted. Enclosed areas below an elevated
building and laterally attached enclosed areas below base flood
elevation_must be void of utilities that would service the enclosure
and cannot be temperature controlled.
(vi) Necessary electrical switches for required lighting circuits may be
located below the base flood elevation provided they are of the
outdoor water-resistant variety on a separate ground-fault protection
circuit breaker and do not exceed the minimum number required by
law. Except for one GFL electrical receptacles shall not be located
below the base flood elevation.
(vii) Walls constructed entirely of wood lattice work or screen mesh shall
be considered as satisfying the requirements of subsections (H) and (iH)
above and b,(5) i.
Final 10/15/03
Page 8 of 15
Initials_
Final 10/15/03
(viii) The area enclosed below the base flood elevation shall not be used
for human habitation.
(ix) Except as noted in (b)(l) b. and d. (vi) of this subsection or required by
an applicable code no electrical, mechanical or plumbing may be
located below the base flood elevation.
(2) Nonresidential construction:
a. New construction or substantial improvements of any commercial,
industrial or other nonresidential structures within zones A 1-30, AE and AH
on the community's flood insurance rating map (FIRM) shall have the
lowest floor (including basement) elevated to or above the base flood
level or, together with attendant utility and sanitary facilities, be designed
so that below the base flood level the structure is water-tight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. Where a nonresidential
structure is intended to be made watertight below the base flood level, a
registered professional engineer or architect shall develop and/or review
structural design specifications and plans for the construction and shall
certify that the design and methods of construction are in accordance
with accepted standards of practice for meeting the applicable
provisions contained herein, A record of such floodproofing certification
which shall include the specific elevation (in relation to mean sea level)
to which such structures are flood proofed shall be provided to the
building department. Wet floodproofing is not acceptable. New
construction or cumulative substantial improvements of any commercial,
industrial or other nonresidential structures within zones VI-30, VE or V shall
have the lowest floor, including the basement, elevated to or above the
base flood elevation.
b. Enclosed areas below an elevated structure at grade elevation for
nonresidential, commercial or industrial uses shall be permitted for limited
storage or parking purposes provided that they are anchored to prevent
flotation, collapse or lateral movement of the structure and do not
exceed three hundred (300) square feet of enclosed area and are in
accordance with the requirements of subsection 9.5-317(b)(5)g. for V
zones or subsection 9.5-317(b)(1)d.(i) through (ix) for A zones. Plans for
such structure shall be submitted to the building official for approval prior
to construction
(3) Accessory structures:
a. Residential accessory structures: Any prefabricated light metal structure,
which meets the following criteria, may be permitted in A or V-zones if:
(i) The enclosed area is one hundred and fifty (150) square feet or less;
(ii) The fair market value is five hundred dollars ($500.00) or less;
(iii) The use is limited to storage accessory to a residence; and
Page 9 of 15
Initials_
Final 10/15/03
(iv) The structure is properly anchored.
Accessory light metal structures which exceed the one hundred and fifty
(150) square feet of enclosed space threshold or concrete or wood
accessory structures built on site regardless of size or value may be
permitted if they meet all of the criteria outlined in subsection 9.5-
317(b)(1)d. of this division or for V zones the criteria set forth in subsection
9.5-317(b)(5) g. of this division.
b. Nonresidential accessory structures: All nonresidential accessory
structures, or enclosed areas, which meet the following criteria, may be
permitted if:
(i) The enclosed area is three hundred (300) square feet or less;
(ii) The use is restricted to limited storage and parking only;
(iii) They meet the breakaway wall standards outlined in subsection 9.5-
317 (b)( 5) i. for V zones or the venting requirements outlined in 9.5-
317(b)(1)d.(iii) for A zones;
(iv) They meet the other requirements as outlined in subsection 9.5-
317(b)(1) d; and
(v) The structures are properly anchored.
Accessory structures in an A-zone which exceed the three hundred (300)
square feet of enclosed space threshold may be permitted if they meet
the flood-proofing criteria outlined in subsection 9.5-317 (b )(2) a. of this
division, Accessory structures in a V-zone which exceed the three
hundred (300) square feet of enclosed space threshold, are strictly
prohibited.
(4) Manufactured homes:
a. Effective June 1, 1977, no manufactured home not already in place shall
be placed within areas of special flood hazard except in an existing
manufactured home park or subdivision, as hereafter defined, In the
event that the Federal Emergency Management Agency eliminates the
existing manufactured home park or subdivision requirement of 44 C.F,R,
60.3(c)(12), then no manufactured home may be placed below the base
flood elevation.
b. A manufactured home that is to be placed on a qualified lot may be
placed at an elevation below base flood elevation provided that:
(i) The lot on which the manufactured home is to be placed is located
in an existing manufactured home park or subdivision and is
contiguous to and surrounded by manufactured homes not at base
flood elevation.
(ii) The manufactured homes that are placed or substantially improved
(for other than substantial damage due to a flood) on sites in existing
manufactured home parks or subdivision in flood hazard areas shall
Page 10 of 15
Initials_
Final 10/15/03
be elevated so that the manufactured home chassis is supported by
reinforced piers or other foundation elements that are no less than
thirty-six (36) inches in height above the grade at the site. A lower
foundation system could be used if the top of the finished floor of the
manufactured home or the bottom of the beam (for V zones) would
be at or above the base flood elevation using such foundation.
(Hi) All other foundations requiring elevation of the structure in order to
meet the floodplain standards must comply with Section 9.5-316.2.(b),
the provisions of subsection 9.5-317(b)(5) or Chapter 18 of the Florida
Building Code whichever is applicable.
c. No solid walled additions may be added to a manufactured home unless
the addition is constructed under HUD (Department of Housing and
Urban Development) standards and contains a HUD seal or the addition
is elevated to or above the base flood elevation. Solid walled additions
elevated to or above the base flood elevation must be constructed with
fourth (4th) wall construction, or certified by an engineer or architect
licensed by the State of Florida.
d. Screen rooms, open decks and porches may be added to a
manufactured home provided the addition is structurally independent
and constructed with fourth (4th) wall construction,
e. All manufactured homes and State approved manufactured offices or
construction trailers for temporary use shall be anchored to resist flotation,
collapse and lateral movement by providing over-the-top and frame ties
to ground anchors as provided for in the most current edition of the
Florida Administrative Code 15.C.
f. An existing manufactured home which is damaged or otherwise in need
of repair, reconstruction, improvement, or replacement the value of
which meets or exceeds fifty (50) percent of the value of the
manufactured home without the repair, reconstruction, improvement or
replacement shall not be repaired, reconstructed, improved or replaced
except by a manufactured home which meets the most recent
standards promulgated by the Department of Housing and Urban
Development in 24 C.F.R. 3280.308(C) (2) and, in addition, meets the
standards set forth in subparagraphs b,c, and d of this subsection (b)(4),
as applicable. For the purposes of determining the value of any
replacement manufactured homes under this section, the purchase
price, as expressed in an invoice from an arms length transaction, in a
form acceptable to the building official, or using market value, as
determined in section 9 .5-316.2.(fl, whichever is greater, shall control.
g, A manufactured home may be altered or modified by engineering
standards more stringent than originally required if the manufactured
home is elevated to or above the required base flood elevation,
(5) Coastal high-hazard areas (V zones): Within the areas of special flood
hazard are areas designated as coastal high-hazard areas, which have
special flood hazards associated with wave wash. The following provisions
shall apply in these areas:
Page 11 of 15
Initials_
a. New construction or substantial improvements within zones Vl-30, VE or V
shall be elevated so that the bottom of the lowest horizontal supporting
member (excluding pilings or columns) is located at or above the base
flood elevation level, with the space below the lowest supporting
member open or constructed with breakaway walls so as not to impede
the flow of floodwaters. Breakaway walls may be permitted for aesthetic
purposes only and must be designed to wash away in the event of
abnormal wave action and in accordance with the provisions of
subsection (b)(5) g., h. and i.
b. New construction or substantial improvements shall be securely anchored
on pilings, columns or shear walls.
c, The pile or column foundation and structure attached thereto is
anchored to resist flotation, collapse, and lateral movement due to the
effects of wind and water loads acting simultaneously on all building
components. Water loading values used shall be those associated with
the base flood. Wind loading values shall be those required by American
Society of Civil Engineers (ASCE) Standard number 7. Where shear wall
construction is used, the following conditions shall also apply:
(i) Shear walls shall be placed parallel to the predominant flow direction
of floodwaters and spaced to provide adequate floodwater
conveyance beneath the elevated floor;
(ii) Shear walls shall be constructed using reinforced concrete; and
(iii) Except for the placement of the parallel load-bearing walls, the
space between the shear walls below the elevated floor shall remain
free of obstruction or contain only breakaway wall construction.
d. A registered professional engineer or architect shall develop or review
the structural design, specifications and plans for the construction, and
shall certify that the design and methods of construction to be used are
in accordance with the accepted standards of practice for meeting the
provisions of paragraphs a, band c of this subsection (b)(5),
e. There shall be no fill used as structural support.
f, Nonstructural fill shall not be placed in a V-zone except with an
approved hydrological analysis.
g, If any space below the base flood elevation level is to be enclosed, such
enclosed areas shall not be used for human habitation and must meet
the provision of section 9.5-317(b)(1) d. p) and (iv) through (ix) and 9.5-317
(b)(5) i.
h. Prior to construction, plans for any structure that will have enclosed space
below the base flood elevation level shall be submitted to the building
official or his designee for approval.
i. Walls and partitions other than parallel shear walls shall be allowed below
the base flood elevation provided they are not part of the structural
Final 10/15/03
Page 12 of 15
Initials_
Final 10/15/03
support of the building and are designed to break away under the
impact of abnormally high tides or wind-driven water without damage to
the structural integrity of the building on which they are to be used, and
provided that A design load limit of not less than ten (10) and no more
than twenty (20) pounds per square foot shall be used as the safe load
range for breakaway walls.
j. Compliance with the provisions contained in subsection 1. shall be
certified by a registered professional engineer or architect.
k. Any alteration, repair, reconstruction or improvement to a structure shall
not enclose the space below the base flood elevation level except as
provided for in paragraphs g. and i. of this subsection (b)(5),
I. No manmade alteration of mangroves or beach berm system shall be
permitted which will increase the potential for flood damage.
(6) No basement shall be constructed in the county until such time as a variance
is granted to the county under the terms of 44 C.F.R. 60.6(b).
(7) No enclosure below the base flood elevation shall be constructed or
equipped for such uses as a kitchen, dining room, family room, recreation
room, office, bedroom, bathroom or workshop. This prohibition does not
apply to new improvements which are not substantial to post FIRM structures
rendered noncompliant by amendments to the flood insurance rate map as
long as the improvement is at the same elevation the structure was originally
built to; ground level structures whose initial construction began prior to
January 1, 1975; and those structures which are listed on the National
Register of Historic Places, the Florida Inventory of Historic Places or any
inventory of local historic places.
(8) In no event shall a below base flood elevation variance be necessary for
improvements to an existing structure whose initial construction began prior
to December 31, 1974, or to a legally placed manufactured home when the
improvements are not substantial.
(9) Require that recreational vehicles placed on sites within Zones A 1-30, AH,
and AE, V-130 V and VE on the community's FIRM either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days
and be fully licensed and ready for highway use; or
b. Meet the permit requirements of subsection 9.5-317(b)(4).
A recreational vehicle is ready for highway use if it is on its wheels or internal
jacking system, designed to be self propelled or permanently towable by a
light duty truck, is attached to the site only by quick disconnect type utilities
and security devices, and has no permanent attached additions,
Page 13 of 15
Initials_
Section 3. Section 9.5-319, Monroe County Code, is hereby created that reads as follows:
Sec. 9.5-319. Required inspections of residential structures.
(a) Applicability: Prior to the transfer of ownership of any property occupied by
an elevated residential structure with a below base flood enclosed area defined as
"new construction" (Le., construction commenced on or after January 1, 1975) under
this division, an county approved inspection of the below base flood enclosure shall
be conducted. The required inspection shall be conducted no earlier than one
hundred eighty (180) days prior to the transfer of the property. The intent of this
inspection, which is strictly limited to the below base flood enclosure, is to identify for
county records any non-conformities with this division and to disclose these non-
conformities to the new property owner.
(b) Inspections: The inspection required under this section may be conducted
either by an inspector from the growth management division or by an inspector
approved by the growth management division. Fees for inspections conducted by
the growth management division shall be in accordance with the schedule
established by resolution of the board of county commissioners for inspections
conducted under the county's Flood Insurance Inspection and Compliance Program.
Ic) Inspection Procedures and Forms: All inspections required under this section
shall be done in accordance with procedures and recorded on county forms
approved by the growth management director.
(d) Private Inspectors Approval: Non-county inspectors from an approved list
maintained by the growth management division may be retained by property owners
to complete the inspections required by this section. These inspectors shall be
approved by the growth management division director and shall be required to take
an inspection training session conducted by the growth management division to
ensure all inspectors fully understand county inspection and reporting requirements. All
inspections conducted and inspection reports prepared by non-county inspectors are
subject to review by the growth management division. Inspection reports that are
found to be incomplete, inaccurate, or contain errors and omissions, may result in the
inspector being removed from the approved list of inspectors by the growth
management director.
(e) Inspection Submittal Requirements: The original of the inspection report,
signed by the county inspector or county approved inspector, shall be included in all
agreements for deed, purchase agreements, leases, or other contracts for sale or
exchange of a property with an elevated residential structure subject to the
inspection requirements of this section. A copy of this inspection report shall be filed
with the growth management division within ten (10) days of the transfer of property.
(f) Failure to Comply with Inspection Submittal Requirements: Should the
inspection report required by this section not be filed with the growth management
division, no permit shall be issued for any improvements to the structure and the
property it occupies until such an inspection report is submitted, unless the permit is
required to remedy a life safety hazard. In_addition, violations of this section may be
addressed through code enforcement proceedings as provided for under chapter
6.3.
Final 10/15/03
Page 14 of 15
Initials_
Section 4. Within sixty (60) days of the effective date of this ordinance, the Growth Management
Division is directed to vacate all restrictive covenants placed on below base flood
downstairs enclosures of elevated residential structures authorized under Ordinance
39-2000.
Section 5. The inspection requirements of Section 9.5-319 shall not be in effect until January 1,
2004.
Section 6. If any section, subsection, sentence, clause, item, change or prOVIsion of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.
Section 7. All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Section 8. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not become effective until a notice is issued by the Department of
Community Affairs or the Administration Commission approving this ordinance,
Section 9. This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Department of Community Affairs to determine the consistency of
this ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
meeting of the Board held on the 15th day of October , A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tem Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David P. Rice
~
~
~
~
~
#:::::;:.~~
#;,~ "".","rr;~\\.", ',-
1#;, ","." -"",.' ........,'
/. .:.',.'.,.$~ .""~,, ~ ~
/1 Cf;>;;.., ~:~;-1 __ ('-.J\
i1i""',.' ,','::Y ""7~23 .,..,..'. ""'.~ .
q.;;.;/ ,...,,"'':Ji:lW ,Y;,,\
~' ,,/ . ,'. '.:- "...'\
i ~:,,' i,.:"i'J.. ~ ..
, ~' , ,'" '. ,',," A
it ~ ~!:;:"l:~ ~~ c5}) 1 K'))
\\~:..ttf;.;l~~?::1 ~~ ,';>c;,~
~..' ~~A~f!2l1
' "J'~' ~p;t OLHAGE, CLERK
Jl "1 '"~ t~~ &5;1~
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE Ce~NTY, FL RIDA
B'" 'J . # /J?
MA YOR/CHAIRPERSON
MONAOE COUNTY ATTOHNEY
~R~FOA'M'
~' ,.
CHIEF AO N. WOLFE
Date~~T~~I(~rTORNEY
-~-...-...~...~ ""~~''''U
Final 10/15/03
Page 15 of 15
Initials_
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FllX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FllX(305) 295-3663
November 12,2003
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FllX (305) 852-7146
Mrs, Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 8221
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 036-2003 concerning amending Section 9.5-309 and Section 9.5-367, Monroe County
Code, clarifying how the height of fences is measured and allowing fences in residential areas to exceed 3 feet
within the clear sight triangle if they are set back a minimum of 10 feet from the edge of the pavement; Providing
for Severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into
the Monroe County Code of Ordinances; and Providing an effective date,
Ordinance No. 037-2003 amending Section 9,5-316.1,9.5-316.2, and 9,5-317, and creating Section 9.5-
319, Monroe County Code [Floodplain Management Regulations]; Providing for reorganization; Providing for
definitions; Providing for revisions to regulations regarding residential nonconforming structures; Providing for
inspections upon transfer of residential property; Providing for Severability; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances; and
directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of
Community Affairs; and Providing an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular
Meeting in formal session on October 15, 2003. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by ~a..LJ.(!. ~
Isabel C. DeSantis, .c.
cc: Municipal Code Corporation via Certified Mail 700220300001 2668 8238
County Administrator
Growth Management
County Attorney
BOCC
File /'
�4\
•
U.S. Postal ServicelM
ru CERTIFIED MAILTM RECEIPT
ru (Domestic Mail Only;No Insurance Coverage Provided)
co
For delivery information visit our website at www.usps.com®
143
OFNCOA .
ru Postage MIME
Certified Fee r iJ J', t% I, I\O\��
0 Retum Reclept Fee , Postmark_
(Endorsement Required) Here's
_ Restricted Dtel�ivPenryl Fer�e
�
� PC7ITIr�3"r • .
►'-
. ruB(,450l,46r k4 ;f t .. ye k od. 0 obu
mThe.Coll.ins But .ing
__ c ifffWest Gaines Street, Suite L43
orPOBoxNo.
• ' City,State,ZIP+4
PS Form 3800,June 2002 See Reverse for Instructions
•
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• ■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ■ .e t
• Print your name and address on the reverse X RAC
so that we can return the card to you. B. Received by I •d �: e l A�'G Ivy Te47
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
If YES,enter delivery address below: ❑ No
•
Department of State
Bureau of Administrative Code
The Collins Building 3. SServviceType
107 West Gaines Street, Suite L43 0'Certified Mail 0 Express Mail
,Tallahassee, Florida 132399-0250 ❑ Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
• 2. Article Number
(Transfer from serYice�abe!)I s•i •t 7 o.a i 2 0 3 Q 0001. 2668 . 8221 ;
PS Form 3811,August 2001 Domestic Return Receipt 102595.02-M-154o,
Page 2 of2
No. 036-
2003
clarifying how the height of fences is
measured and allowing fences in residential
areas to exceed 3 feet within the cleaqr sight
triangle if they are set back a minimum of 10
feet from the edge of the pavement.
10/15/2003 Amending Sec. 9.5-316.1, 9.5-316.2 and
9.5-317 and creating Sec. 9.5-319, Monroe
County Floodplain Management
Regulations.
***Click here to see the full list of recorded ordinances for
the next supplement. ***
Or point your browsers at:
http://www.municode.com/disposition/dislist.asp?jobid=15134
Ordinance
No. 037-
2003
. Are you e-mailingusyourordinances?Sendthemtoords@municode.com
. Does your code need a legal review? We can help - e,mail for an estimate
· Ask us about electronic supplementation and our newest service N.O.W. posting ordinances in between supplements
",.....,.,.,."'.,..,.,.".,'."...".,,,....,.,.,.,."....,.,.,.,",.....,"""",..".,.,'",}!;)?99?,M,~.9i.Sig~L9.g~~}::gWgr~,~,i~.?-:,/}."fi~,h.t~.,B,e..~e.;.'e.,~,'"."...
11/18/2003
\_f
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
•
■ Complete items 1,2,and 3.Also complete A. SI. ature
• item 4 if Restricted Delivery is desired. 0 Agent
. • Print your name and address on the reverse /5 , '• iitj4 ) ❑Addressee
so that we can return the card to you. . ,..ceived by(Printe.Name) C. D.t:of.Delivery
• Attach this card to the back of the mailpiece, /
or on the front if space permits'. /.tea 1' &,.i A 7
D. Is delivery address different from item 1? 0 Y .
1. Article Addressed to: If YES,enter delivery address below: 0 No
I
Municipal Code Corporation •
P. O. Box 2235
Tallahassee, FL 3231,16-2235 3. S�ery Type
II Certified Mail 0 Express Mail
• 0 Registered 0 Return Receipt for Merchandise '
• I 0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) El Yes
' 2. Article Number
• (transfer fiomserYice(abeI) if i i ;;?0P2 2P3Qi 2f.O1 ;2i66$ 823.;
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
U.S. Postal ServiceTM
" co CERTIFIED MAIL. RECEIPT
ru (Domestic Mail Only;No Insurance Coverage Provided)
w
For delivery information visit our website at www.usps.coma
n.l Postage 7 („„
CI Certified FeeMIM 4 I
fr 4Oi
Cl ostmark
Cl Return Reciept Fee c2
(Endorsement Required) cc ere
Restricted Delivery Fee \L S9 i�%
M (Endorsement Required)
. rEava
l7
nJ • Total Postage&Fees _
O Sent To Municipal Codtr Corporation
a NStreet,Apo�. J2..Qa_fax.22335.
•
rorPOBoxt No.IQllahassee, FL 32316-2235
City,State,Z1P+4
PS Form 3800,June 2002 See Reverse for Instructions
STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH
Governor
GLENDA E. HOOD
Secretary of State
November 18, 2003
N
c::::>
c::::>
~
~
f',)
c..R
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
.\ 0
;:::)
;& :v
::e ..<?.z:
or"':a:
rn~-<
C"'. r-
on.
c:-~
;;t:.?o
.-\(")r-
-<.-\:::.
- . }:~
-n G;
r- r1
'];"
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated November 12, 2003 and certified copies of Monroe
County Ordinance Nos. 036-2003 and 037-2003, which were filed in this office on
November 17,2003.
Sincerely,
I
Liz Cloud
Program Administrator
LC/mp
BUREAU OF ADMINISTRATIVE CODE . DIVISION OF ELECTIONS
The Collins Building, Room L43 . 107 W. Gaines Street. Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 . Facsimile: (850) 245-6282 · WWW: http://www.dos.state.t1.us
E-Mail: DivElections@maiLdos.state.fl.us
-,.,
r=
rT\
o
'"'T\
o
::0
~ :::0
::;: 1"1'\
("")
o
"0
':'--J
-
-
.-
~
DCA Final Order No.: DCA04-0R-045
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
FINAL ORDER
......",
.1 = -'11
0 <::::>
0 .r:"" r
;;r '> :::: fT'1
;;:t;. ::z::
O~")z ::0- w
rrt~-< :;.0
I ."
gn: co 0
C;tjA ::0
z. 0 J> :-:0
-i (") ro
:;< :-12: ::E: n
...., ..-' C> ()
r - r,;, {~
..J
:r-.... fI 'j r- _.,.~...#
W m."
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 037-2003
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6), Fla, Stat., and S 380.0552(9), Fla. Stat, (2003), approving 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 December 3,2003, the Department received for review Monroe County Ordinance
No. 037-2003 which was adopted by the Monroe County Board of County Commissioners on
October 15,2003 ("Ord. 037-2003"). The purpose ofOrd. 037-2003 is to amend Section 9.5-
316.1,9.5-316.2 and 9.5-317 of the Monroe County Land Development Regulations. Ord.037-
2003 amends the Floodplain Management Regulations to provide for reorganization, definitions
and revisions to regulations regarding residential nonconforming structures and providing for
inspections upon the transfer of residential property.
3. Ord. 037-2003 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. 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. SS 380.05(6), Fla. Stat., and S 380.0552(9), Fla. Stat, (2003).
5. Monroe County is a local government within the Florida Keys Area of Critical State
DCA Final Order No.: DCA04-0R-045
Concern. ~ 380.0552, Fla, Stat, (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla,
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. ~ 380.031 (8), Fla, Stat, (2003). The
regulations adopted by Ord. 037-2003 are land development regulations.
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 (the
"Principles") as set forth in S 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.
8. Ord. 037-2003 promotes and furthers 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.
(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.
9. Ord. 037-2003 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 037-2003 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly
unless a petition is filed as described below.
2
DCA Final Order No.: DCA04-0R-045
DONE AND ORDERED in Tallahassee, Florida.
~ Fot>;
VALERIE 1. HUBBARD: DIRECTOR
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 ADMINISTRATIVE 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 ADMINISTRATIVE
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 ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
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 MA Y FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW 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 REPRESENTATIVE, 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.
3
DCA Final Order No.: DCA04-0R-045
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 THE 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.
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 persons listed below by the method indicated this tJI1; day of March 2004.
Or, (YlUllCW-C ~~
T5 A.,..- Paula Ford, Agency Cl rk
By U.S. Mail:
Honorable Murray Nelson
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
4
DCA Final Order No.: DCA04-0R-045
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
5