Ordinance 015-2000
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ORDINANCE NO. 015-2000 Or-::e:
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF g~:.,.
COUNTY COMMISSIONERS APPROVING THE REQUEST ~;.,~
FILED BY MONROE COUNTY TO CHANGE THE LAND USE ~: .~
DISTRICT MAP FROM SPARSELY SETTLED (SS) TO PARK~; ~
AND REFUGE (PR) FOR PROPERTIES LOCATED AT THE'
OCEAN REEF CLUB IN NORTH KEY LARGO, KNOWN AS THE
HARBOR GOLF COURSE AND THE DOLPHIN GOLF
COURSE.
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WHEREAS, the Monroe County Board of County Commissioners, during a regular meeting
held on September 15, 1999, conducted a public hearing and review of a Land Use District
(zoning) map amendment request filed by Monroe County to change the Land Use District Map
from Sparsely Settled (SS) to Park and Refuge (PR) for the Harbor and Dolphin Golf Courses,
which are located at the Ocean Reef Club in North Key Largo, and further described as the
Harbor Golf Course, being those properties in Sections 13 & 24, Township 59S, Range 40E
having the real estate identification numbers 00573690-003901, 0057690-004000, 00573710-
003400, 00573700-005700, 00573720-005700, 00573720-005900, 00573720-005800, 00573700-
002600, 00573670-005900, 00080120-000200, 00573670-005902, 00573630-002400, 00572797-
002600 and 00573710-003400 excluding all portions of that parcel of Harbor Course having real
estate number 00573710-003400 that constitute Project 'K' of the Ocean Reef Club Master
Development Agreement, as approved by the Monroe County Board of County Commissioners;
and the Dolphin Golf Course being those properties in Sections 7, 12 & 13, Township 59S, Range
40E and Section 7, Township 59S, Range 41E having the real estate identification numbers
00572221-006400, 00080040-00000, 00080050-00000, 00079970-00000, 00572790-00000,
00081740-00000, 00081790-00000, 00571970-00000, 00571970-00400, 00081720-00000,
excluding all portions of that parcel of Dolphin Course having real estate number 00081720-00000
that constitute Project 'G' of the Ocean Reef Club Master Development Agreement, as approved
by the Monroe County Board of County Commissioners, and excluding all portions of that parcel
of Dolphin Course having real estate number 00080040-00000 that constitute project 'K' of the
Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of
County Commissioners.
WHEREAS, the Board of County Commissioners examined the following information:
1. The application for rezoning from Monroe County to change the Land Use District Map from
Sparsely Settled (SS) to Park and Refuge (PR); and
2. A report by Planning and Environmental Resources staff dated August 24, 1999; and
WHEREAS, the Planning and Environmental Resources Departments as well as the
Development Review Committee and Planning Commission have recommended approval of the
request; and
Exhibit I Page I of 4
Ordinance to Amend Land Use District Map
File M#99139
Initials
WHEREAS, the Board of County Commissioners transmitted this as a draft ordinance to the
Department of Community Affairs for its review and comment; and
WHEREAS, the Department of Community Affairs made no objections, recommendations or
comments regarding this proposed amendment; and
WHEREAS, the Board of County Commissioners held the second of two public hearings on
the proposed amendment on February 17,2000; and
WHEREAS, the Board of County Commissioners makes the following Findings of Fact:
1. Based on Section 9.5-511(d)(5)b. of the Monroe County Land Development Regulations, the
Board of County Commissioners may consider a land use change if at least one of six criteria
is met, in this case the Needfor Additional Comprehensiveness.
2. There is a need for comprehensiveness in that the Year 2010 Comprehensive Plan overlooked
the Dolphin and Harbor Courses and did not amend the maps to establish the Future Land Use
category or zoning district designation that reflected the existing land use.
3. Based on Policy 101.4.9 of the Year 2010 Comprehensive Plan, the principal purpose of the
Recreation (R) future land use category is to provide for public and private activity-based and
resource-based recreational facilities.
4. The adopted standards set forth in Policy 101.4.21 of the Year 2010 Comprehensive Plan
stipulate that all properties zoned Park and Refuge (PR) shall have the corresponding future
land use category Recreation (R).
5. The Harbor and Dolphin Golf Course properties are zoned Sparsely Settled (SS).
6. The Sparsely Settled (SS) zoning district does not permit recreational uses.
7. Based on Section 9.5-224 of the Monroe County Land Development Regulations, the principal
purpose of the Park and Refuge (PR) land use district is to establish and protect areas as parks,
recreational areas, and wildlife refuges.
8. The properties have been used for private recreational purposes for more than 25 years, more
specifically as two private 18 hole Golf Clubs, known as Dolphin Course and Harbor Course,
with a centrally located Clubhouse.
WHEREAS, the Board of County Commissioners makes the following Conclusions of Law:
1. The proposed land use change is consistent with the requirements enumerated in Section 9.5-
511(d)(5)b.(v) of the Monroe County Land Development Regulations as it recognizes the need
for additional detail or comprehensiveness.
Exhibit I Page 2 of 4
Ordinance to Amend Land Use District Map
File M#99139
Initials
2. The Park and Refuge District (PR) is the most applicable of the zoning districts for the subject
properties as it is the only zoning district that permits the existing use of the property.
3. The Park and Refuge District is the most applicable of the zoning districts for the subject
properties as it is the only zoning district that conforms with the proposed Future Land Use
category Recreation (R).
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact
and Conclusions of Law support its decision, APPROVE this request to amend the Land Use
District Map from Sparsely Settled (SS) to Park and Refuge (PR) for the Harbor and Dolphin Golf
Courses, consisting of those properties described above in detail.
Section I. This Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described properties are currently designated Sparsely Settled (SS), as
shown on the attached maps, which are hereby incorporated by reference and attached to this
document as Exhibits A & B.
Section 3. These properties shall now be designated as Park and Refuge (PR), being the Harbor
and Dolphin Golf Courses, which are located at the Ocean Reef Club in North Key Largo, and
further described as the Harbor Golf Course, being those properties in Sections 13 & 24,
Township 59S, Range 40E having the real estate identification numbers 00573690-003901,
0057690-004000, 00573710-003400, 00573700-005700, 00573720-005700, 00573720-005900,
00573720-005800, 00573700-002600, 00573670-005900, 00080120-000200, 00573670-005902,
00573630-002400, 00572797-002600 and 00573710-003400 excluding all portions of that parcel
of Harbor Course having real estate number 00573710-003400 that constitute Project 'K' of the
Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board of
County Commissioners; and the Dolphin Golf Course being those properties in Sections 7, 12 &
13, Township 59S, Range 40E and Section 7, Township 59S, Range 4lE having the real estate
identification numbers 00572221-006400, 00080040-00000, 00080050-00000, 00079970-00000,
00572790-00000, 00081740-00000, 00081790-00000, 00571970-00000, 00571970-00400,
00081720-00000, excluding all portions of that parcel of Dolphin Course having real estate number
00081720-00000 that constitute Project 'G' of the Ocean Reef Club Master Development
Agreement, as approved by the Monroe County Board of County Commissioners, and excluding
all portions of that parcel of Dolphin Course having real estate number 00080040-00000 that
constitute project 'K' of the Ocean Reef Club Master Development Agreement, as approved by the
Monroe County Board of County Commissioners.
Section 4. The Official Land Use District Map shall be amended, changing the zontng
designations for the properties as delineated in Section 3 above.
Section 5. 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 validity.
Exhibit I Page 3 of 4
Ordinance to Amend Land Use District Map
File M#99139
Initials
Section 7. The Planning Director shall transmit this ordinance to the Department of Community
Affairs to determine consistency with the Florida Statutes.
Section 8. This ordinance shall be filed in the Office of the Secretary of State of the State of
Florida, but shall not be deemed effective until approved by the state land planning agency.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 17th day of February ,2000.
Mayor Freeman Yes
Mayor Pro Tem Neugent Yes
Commissioner Harvey Yes
Commissioner Reich Yes
Commissioner Williams Yes
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., :'"AfrEST: DANNY L. KOLHAGE, CLERK
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Exhibit I Page 4 of 4
Ordinance to Amend Land Use District Map
File M#99139
Initials
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Land Use District Map
Key: Largo
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Proposal: From SS to PR
Property Description: Ocean Reef Club, Harbor Golf Course
See file for legal description.
Map # : 56 57 5
File Number: M99139
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Use District Map
Key: Largo
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Proposal: From ss to PR
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Property Description: Ocean Reef Club, Dolphin Golf Course
See file for legal description.
Map # :55,56,60,61
File Number M99139
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BRANCH OFFICE
3117 OVERSEAS lllGHWA Y
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289.1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS lllGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 25,2000
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 008-2000 approving the request by the Planning Department to change
the Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from mixed
use/commercial fishing (MCF) to residential medium (RM) and/or conservation (C) for properties
described as Lots 1-8, 11-13, 19-20, 25-27, 32, 36-38, 41-47, amended plat of Bahia Shores
Subdivision, No Name Key, Section 18, Township 66 South, Range 30 East, Monroe County
Florida~ and Lots 2-7, 11-17,20-33,40-44 amended plat of Dolphin Harbor Subdivision, No
Name Key, Section 18, Township 66 South, Range 30 East, Monroe County, Florida~ and
unplatted properties on No Name Key, Section 18, Township 66 South, Range 30 East, Monroe
County, Florida having the following real estate numbers: 00108040-000100, 00108040-000101,
00108040-000102, 00108040-000103, 00108040-000104, 00108040-000105,
00108040-000106, 00108040-000300, 00108040-000301, 00108040-000302,
00108040-000303, 00108040-000304, 00108040-000400, 00108040-000401,
00108040-000500, 00108040-000600, 00108040-000700, 00319491-000100,
00319491-000200, 00319491-000400, 00319491-000500, 00319491-000600,
00319491-000700, 00319491-000800, 00319491-001100, 00319491-001200,
00319491-001300, 00319491-001900, 00319491-002000, 00319491-002500,
00319491-002600, 00319491-002700, 00319491-003200, 00319491-003600,
00319491-003700, 00319491-003800, 00319491-004100, 00319491-004200,
00319491-004300, 00319491-004400, 00319491-004500, 00319491-004600,
00319491-004700, 00319491-004800, 00319491-004900, 00319491-004901,
00319492-000200, 00319492-000300, 00319492-000400, 00319492-000500,
00319492-000600, 00319492-000700, 00319492-001100, 00319492-001300,
00319492-001400, 00319492-001500, 00319492-001600, 00319492-001700,
00319492-002000, 00319492-002100, 00319492-002200, 00319492-002300,
00319492-002500, 00319492-002700, 00319492-002800, 00319492-002900,
00319492-003000, 00319492-003100, 00319492-003200, 00319492-003300,
00319492-004000,
00319492-004400,
00319492-004100,
00319492-004500,
00319492-004200,
00319492-004600.
00319492-004300,
Ordinance No. 009-2000 approving the request by the Planning Department to change the
Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan: from agriculture
(A)/mixed use-commercial (MC)/residential low (RL)/ residential conservation (RC) to mixed
use-commercial (MC)/residential low (RL)/residential conservation (RC) for property described
as a portion of Lot 1, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe
County, Florida, at approximately mile marker 27.5, and having the real estate number
00114150-000000; and from residential low (RL )/residential conservation (RC) to mixed
use-commercial (MC)/ residential low (RL)/residential conservation (RC) for property described
as a portion of Lot 1, Ramrod Key, Section 31, Township 66 South, Range 29 East, Monroe
County, Florida, at approximately mile marker 27.5, and having the real estate number
00114150-000300; and from residential conservation (RC) to agriculture (A) for property
described as a portion of Lot 4, Ramrod Key, Section 31, Township 66 South, Range 29 East,
Monroe County, Florida, at approximately mile marker 27.5, and having the real estate number
00114120-000000.
Ordinance No. 010-2000 approving the request by the Planning Department to change the
Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from residential
medium (RM) to mixed use-commercial (MC) for property described as Lots 521, 522, and
523-534, Port Largo fifth addition, Key Largo Section 33, Township 61 South, Range 39 East;
with the foIlowing RE numbers: 00453475-013700, 00453475-0013800, and 00453475-014100.
Ordinance No. 011-2000 approving the request by the Planning Department to change the
Future Land Use Map of the Monroe County Year 2010 Comprehensive Plan from residential
high (RH) to residential medium (RM) for property described as all of Lots 1-9 of Block 2, all of
Lots 2-7 of Block 1, and an unnumbered Lot in Block 1, Paradise Point Subdivision, Key Largo
Section 1, Township 61 South, Range 39 East, with the following real estate numbers:
00513270-000000, 00513280-000000, 00513290-000000, 00513300-000000,
00513310-000000, 00513320-000000, 00513330-000000, 00513340-000000,
00513440-000000, 00513450-000000, 00513460-000000, 00513470-000000,
00513480-000000, 00513490-000000.
Ordinance No. 012-2000 approving amendments to the Rate of Growth Ordinance (ROGO) of
The Monroe County Code, including Sections 9.5-4, 9.5-122 and 9.5-122.3 by providing
additional definitions, adding flexibility and adding positive point opportunities for modest
housing.
Ordinance No. 013-2000 approving amendments to residential RaGa's affordable housing
provisions of the Monroe County Year 2010 Comprehensive Plan, including portions of policies
101.2.4, 101.5.4 and 601.1.11 which add flexibility to the residential ROGO allocations and
provide positive point opportunities for modest housing. This Ordinance also adds policy
101. 5.10 which creates opportunities for new development by transferring existing transient and
residential units and spaces.
Ordinance No. 014-2000 recommending approval of the request filed by Monroe County to
change the Future Land Use Map from residential low (RL) to recreation (R) for properties
located at the Ocean Reef Club in North Key Largo, known as the Harbor Golf Course and the
Ordinance No. 015-2000 approving the request filed by Monroe County to change the Land Use
District Map from sparsely settled (SS) to park and refuge (PR) for properties located at the
Ocean Reef Club in North Key Largo, known as the Harbor Golf Course and the Dolphin Golf
Course.
Ordinance No. 016-2000 approving the request by Monroe County to change the Future Land
Use Map of the Monroe County Year 2010 Comprehensive Plan from various designations to
conservation (C) for Garden Cove Park, Bay Haven Park, and Cutthroat Harbor.
Ordinance No. 017-2000 approving the request by Monroe County to change the Future Land
Use Map of the Monroe County Year 2010 Comprehensive Plan from various designations to
recreation (R) for Friendship Park, Key Largo Community Park, Old Settler's Park, Watson Field,
Ramrod Key Swimming Hold, Bay Point Park, Wilhelmina Harvey Children's Park, and Bernstein
Park.
Ordinance No. 018-2000 approving the request by Monroe County to change the Land Use
District Map from various zoning designations to conservation district (CD) for Garden Cove
Park, Bay Haven Park, and Cutthroat Harbor.
Ordinance No. 019-2000 approving the request by Monroe County to change the Land Use
District Map from various zoning designations to park and refuge district (PR) for Friendship
Park, Key Largo Community Park, Harry Harris Park, Old Settler's Park, Blue Heron Park,
Watson Field, Ramrod Key Swimming Hole, Bay Point Park, Wilhelmina Harvey Children's Park,
and Bernstein Park.
Ordinance No. 020-2000 approving the request by property owner Ida Welborn to change the
Future Land Use Map designation of the 2010 Comprehensive Plan for Lots 10 and 11,
resubdivision of seaside, Section 14, Township 62 South, Range 38 East, at approximately mile
marker 94.5, Key Largo, real estate numbers 00491650 and 004911660, from residential medium
(RM) to mixed use/commercial (M/C).
Ordinance No. 021-2000 approving the request by property owner Ida Welborn to change the
official Land Use Map (zoning) designation for Lots 10 and 11, resubdivision of seaside, Section
14, Township 62 South, Range 38 East, at approximately mile marker 94.5, Key Largo, real
estate numbers 00491650 and 004911660, from improved subdivision (IS) to suburban
commercial (SC).
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on February 17, 2000. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hanco~
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Cc: Board of County Commissioners
County Administrator w/o document
County Attorney
Growth Management
File
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~ Mrs. Liz Cloud, Chief
reau of Administrative Code and laws
The Efliott Building
401 South Monroe Street
Tallahassee, Fl 32399-02,50
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Mails
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampaIHiJlsborough County
Preservation Board
RINGLING MUSEUM OF ART
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
February 29, 2000
Honorable Danny L. Kolhage
Clerk ofthe Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
your letter of February 25, 2000 and certified copies of Monroe County Ordinance
Nos. 08-2000 through 21-2000, which were filed in this office on February 28,2000.
Sincerely,
~~$2.
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 40 I South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.statefl,.us
DCA Final Order No. DCAOO-OR-290
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 015-2000
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to 99 380.05(6) and (11), Fla. Stat., and 9 380.0552(9), Fla. Stat. (1999), which require the
Department to enter a final order approving or rejecting land development regulations adopted by
Monroe County. This Final Order approves Monroe County Ordinance No. 015-2000 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 unit of government within the Florida Keys Area.
2. On September 11, 2000, the Department received for review Monroe County
Ordinance No. 015-2000 which was adopted by the Monroe County Board of County
Commissioners on February 17,2000 ("Ord. 015-2000"). Ord. 015-2000 approved a request to
amend the County's zoning map from Sparsely Settled (SS) to Park and Refuge (PR) for certain
properties located at the Ocean Reef Club in North Key Largo, Florida, and further described as:
Harbor Golf Course, being those properties in Sections 13 and 24, Township 59S, Range 40E having
the real estate identification numbers 00573690-003901, 0057690-004000, 00573710-003400,
00573700-005700,00573720-005700,00573720-005900,00573720-005800,00573700-002600,
DCA Final Order No. DCAOO-OR-290
00573670-005900,00080120-000200,00573670-005902,00573630-002400,00572797-002600,
and 00573710-003400, excluding all portions of that parcel of Harbor Course having real estate
number 00573710-003400 that constitute Project 'K' of the Ocean Reef Club Master Development
Agreement, as approved by the Monroe County Board of County Commissioners; and the Dolphin
Golf Course being those properties in Sections 7, 12, and 13, Township 59S, Range 40E and Section
7, Township 59S, Range 41E having the real estate identification numbers 00572221-006400,
00080040-00000, 00080050-00000, 00079970-00000, 00572790-00000, 00081740-00000,
00081790-00000, 00571970-00000, 00571970-00400, 00081720-00000, excluding all portions of
that parcel of Dolphin Course having real estate number 00081720-00000 that constitute Project 'G'
of the Ocean Reef Club Master Development Agreement, as approved by the Monroe County Board
of County Commissioners, and excluding all portions of that parcel of Dolphin Course having real
estate number 00080040-00000 that constitute Project 'K' of the Ocean Reef Club Master
Development Agreement, as approved by the Monroe County Board of County Commissioners.
3. Section 1 ofOrd. 015-2000 adopts certain findings offact and conclusions oflaw as
set forth in the body of the ordinance. Section 2 ofOrd.015-2000 changes the zoning designation
ofthe afore-described properties from Sparsely Settled (SS) to Park and Refuge (PG). Section 3 of
Ord. 015-2000 describes the subject properties; Section 4 amends the County's Official Land Use
District Map in accordance with the foregoing; Section 5 contains a severability provision; [Section
6 was omitted]; Section 7 requires transmittal of the ordinance to the Department for review; and
Section 8 requires filing with the Florida Secretary of State Office.
2
DCA Final Order No. DCAOO-OR-290
4. Ord. 015-2000 is consistent with and furthers Policies 101.4.9 and 101.4.21 of the
County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
1. The Department is required to approve or reject any and all land development
regulations that are enacted, amended or rescinded by any unit of government in the Florida Keys
Area of Critical State Concern within 60 days of receipt by the Department. ~~ 380.05(6) and (11),
Fla. Stat., and 9 380.0552(9), Fla. Stat. (1999).
2. Monroe County is a unit of government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla. Stat. (1999) and Rule 28-29.002 (superseding Chapter 27F-8, Fla.
Admin. Code) and Chapter 28-30, Fla. Admin. Code.
3. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. ~ 380.031 (8), Fla. Stat. (1999). The regulations
adopted by Ord. 015-2000 are land development regulations, as defined by statute.
4. All land development regulations enacted, amended or rescinded by Monroe County
must be consistent with the Principles for Guiding Development (the "Principles"). 9 380.0552(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). In reviewing the land development regulations for
consistency, the Principles shall be construed as a whole and no specific provision shall be construed
or applied in isolation from the other provisions. 9 380.0552(7), Fla. Stat. (1999).
5. The Department has reviewed all provisions ofOrd. 021-2000 for consistency with
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DCA Final Order No. DCAOO-OR-290
the Principles and has determined that Ord. 021-2000 is consistent with the Principles as a whole.
~ 380.0552(7), Fla. Stat. (1999).
WHEREFORE, IT IS ORDERED that Ord. 015-2000 is found to be consistent with the
Principles found at ~ 380.0552(7), Fla. Stat. (1999), as a whole, 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.
DONE AND ORDERED in Tallahassee, Florida.
J. T ~S BECK, 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 FORAN 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
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DCA Final Order No. DCAOO-OR-290
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 ADMINISTRA TIVE 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 SUBMITREBUITAL
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 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.
YOUW AIVE 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.
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DCA Final Order No. DCAOO-OR-290
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 ay of October, 2000.
Bv U.S. Mail:
-
frp ula Ford
Agency Clerk
Honorable Shirley Freeman
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
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
Bv Hand Delivery or Interag:encv Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Geoffrey T. Kirk, Assistant General Counsel, DCA Tallahassee
6