Ordinance 005-2005
ORDINANCE NO. 005 - 2005
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 5.5-17, MONROE
COUNTY CODE, IN ORDER TO PROVIDE GREATER SPECIFICITY
CONCERNING THE REQUIRED MAINTENANCE OF TREES WHICH
EXTEND OVER A MAN-MADE WATER BODY AS DEFINED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORAnON INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHERAS, it is the intent of Monroe County to provide clear, concise, and easily
interpretable ordinances to the public, and
WHERAS, Section 5.5-17 Monroe County Code regarding the required
maintenance of trees extending from the shoreline over a manmade water body, lacks
speCificity as to how far trees or other vegetation may extend over water before
constituting an obstruction to navigation, now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section ~. Sec. 5.5-17 (b), Monroe County Code, is hereby amended to add the
following language:
(b) Prohibition on causing or permitting trees to interfere with vessels
upon any man-made waterbody. No real property owner may cause, suffer,
or permit a tree, trees or other vegetation, to grow, or otherwise extend,
from his or her real property into or over a man-made water body in such a
way or manner as to constitute a navigational hazard to, or to interfere
with, vessels engaged in a journey or ride upon the man-made water body.
It shall be presumed that vegetation extending from the shoreline of a
manmade water body beyond the approximate mean low water mark by
more than ten percent (10 0/0) of the overall perpendicular width of the
water body at the point of measurement constitutes a navigational hazard.
This presumption is aligned with the permitted limits for the construction of
docking facilities in the land development regulations.
Section 2. If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity .
Section 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code,
Section 5. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has
been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 20th day of April. 2005,
Mayor Spehar
Mayor Pro Tem McCoy
Commissioner Neugent
Commissioner Rice
Commissioner Nelson
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
;(~i~ >n ~~
By
Mayor/Chairperson
DIXIE M. SPEHAR
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
May 4, 2005
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 70041160000719749767
Dear Mrs. Cloud,
Enclosed please find a certified copy of each of the following:
Ordinance No. 004-2005 amending Sections 6-83(6) and 6-84(a), Monroe County Code,
in order to add an additional alternate voting member to the contractors examing board; 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. 005-2005 amending Section 5.5-17, Monroe County Code, in order to
provide greater specificity concerning the required maintenance of trees which extend over a
man-made water body as defined; 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.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting held in formal session on April 20, 2005. Please file for record. Should you
have any questions please feel free to contact me at (305) 292-3550.
Monroe County Clerk's Office
Ordinance Nos. 004-2005 & 005-2005
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
bY~~
:Pamela c[ Hancock, D. C.
cc: Municipal Code Corporation via certified mail 7004 1160 0007 19749750
Growth Management
County Attorney
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Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building '
107 W Gaines Street, Suite L43 3. Service Type Tallahassee FL 32399-0250 }Certified Mail 0 Express Mail
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(transfer from service label) 102595=02-M-1540
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Domestic Return Receipt
COMPLETE THIS SECTION ON DELIVERY ;
'SENDER: COMPLETE THIS SECTION �',
■ Complete items 1;2,and 3.Also complete / ,�
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Ms. Evelyn Jefferson
Municipal Code Corporation
PO Box 2235 3, Service Type
Tallahassee FL 32316-2235 ertified Mail 0 Express Mail
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Cooke Communications, LLC
Florida Keys
Mary Beth Canitano
Advertising Coordinator
PO Box 1800
Key West FI 33041
Office... ... ....305-292-7777
Extension......... ........x219
Fax...... .......305-294-0768
mcanitano@keysnews.com
INTERNET PUBLISHING
keywest.com
keysnews.com
fIoridakeys.com
key-west.com
Web Design Services
NEWSPAPERS
The Crtizen
Southernmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free Press
Islamorada Free Press
Key Largo Free Press
Ocean Reef Press
Seaport log
MAGAZINE
The Menu
Home Guide
Citizen local's Guide
Paradise
Keys 1V Channel Guide
MARKETING SERVICES
Commercial Printing
Crtizen locals Card
Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West, Fl
33040-1800
Tel 305-292-7777
Fax 305-294-0768
crtizen@k'i'ywest.com
Internet Division
1201 Wlrte Street (Surte 103)
Key West, Fl
33040-3328.'
Tel 305-292'"1880
Fax 305-2lJ4.;.1699
sales@ke~.com
Middle Keys Office
6363 Overseas Hwy
Marathon, Fl (MM 52.5)
33050-3342
Tel 305-743-$766
Fax 305-743-9977
navigator@floridakeys.com
Upper Keys Office
81549 Old Hwy
PO Box 469
Islamorada, Fl (MM81.5)
3303EHl469
Tel 30~2266
Fax 305-664-8411
freepress@floridakeys.com
Ocean Reef Office
3A Barracuda lane
Key Largo, Fl 33037
Tel 305-;367-4911
Fax 305-;367-2191
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida; th t the attach.ed copy f advertisement, being a legal notice in the
matter of
In the
issues of
/
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
and has been entered as second-class mail matter at the post office in Key West,
in said Monroe County, Florida, for a period of 1 year next preceding the first
publication of the attached copy of advertisement; and affiant further says that
he has neither paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this advertisement for
publication in the said newspaper. ~
I Signature of Affiant
Sworn and subscribed before me this.3L day of rYJ {} n;. A
,2005
Mary Beth Canitano, Notary Public
Expires: January 15, 2007
Notary Seal
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J.. /.;,y.~. ;;~...{?~. <\ Notary Public - Slate of Florida ~
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I -.';'Sc;;~"l:.-' Commission # DD178046
1 ",;:,'":,:.,\~,,, Ronded Bv NaJionol Notary Assn,
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Personally Known x Produced Identification
Type of Identification Produced
NOTICE OF IfIT!NTION 1"0 CON-
SIDER
ADOPTION OF COUNTY ORDI-
NANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
W~. ApIiI 20, 2005 at 3:00
PM at the MIIN8V Government Cen-
t~r, 1200 Truman ~, Key West,
FIot1da, the BOard of Couilty Com-
missioners of MOnroe County,. Flori-
da, intends to consider the adOption
of the following County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY , FLORIDA,
AMENDING, SECTION 5.5-17 OF
THE MONROE COUNTY CODE IN
ORDER TO PROVIDE GREATER
SPECIFICITY CONCERNING THE
REQUIRED MAINTENANCE OF
TREES WHICH EXTEND OVER A
MAN-MADE WATER BODY.
Pursuant to Section 286.0105, Flori-
da Statutes, notice is given that if a
person decided to appeal any deci-
. sion made by the Board with respect
to any matter considered at such
hearings or meetings, he will need a
record of the proceedings, and that,
for such purpose, he may need to
ensure that a verbatim record of the
proceedings is made, which record
includes the testimony and evidence
upon which the appeal is to be
based.
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Copies of the above-referenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Marathon, Florida, this
22ND day of MARCH, 2005.
DANNY l. KOLHAGE,
Clerk of the Circuit Court and ex offi-
cio Clerk ot the Board of County
Commissioners of Monroe County,
Florida
March 27 & AprIl 30, 2005
Ad#2394200Contras-
Your Upper Keys Connection tors Examining Boa`~.
. THEREPORTER NOTICE OF INTENT F
rll. 1 i�1 1� TO CONSIDER
P.O.Box 1197 •Tavernier,Florida 33070-1197 i-.ADOPTION OF COON-
(305)852-3216 Fax:(305)852-0199 TYORDINANCE
NOTICE IS HEREBY
GIVEN TO WHOM IT
PROOF OF PUBLICATION MAY
CONCERN
RNrh n a0,
2005,at 3:00 PM at the
STATE OF FLORIDA - Center,120o0Truman
COUNTY OF MONROE Avenue;Key West, •
Monroe County,Flori-
da,the Board of County -
Before the undersigned authority Commissioners of Mon •
-
roe Cou ,personally appeared JACKLYN R. tends toconidelrrthen s
HARDER who on oath, says that she is adoption of the following
ASSOCIATE PUBLISHER/EDITOR of THE County ordinance:-
REPORTER, a weekly newspaper entitled AN ORDINANCE OFTHE OF
-
to publish legal advertising published at TYCOMMIRD SIIO NRSN
Tavernier, Monroe County, Florida: that -OF MONROE COUNTY,
G
the attached copyof advertisement, beingSTION,AM
SECTIONS 6-83(6)(6)AND ,
LEGAL NOTICE in said newspaper in the 6-84(a),MONROE
issue of: . COUNTY CODE,IN OR-
DER TO ADD AN ADDI-
TIONAL ALTERNATE
April 1st and April 8th 2005 VOTING MEMBER TO
' THE CONTRACTORS
_ EXAMING BOARD;
Affiant further says that THE REPORTER ' PROVIDINGFORSEV-
y ERABILITY;PROVID-
is a newspaper published at Tavernier, in ING FOR THE REPEAL
said Monroe County, Florida, and that the OF ALL ORDINANCES
INCONSISTENT HERE- '
said newspaper has heretofore been WITH;PROVIDING FOR
continuously published in the said INCORPORATION
INTO THE MONROE
Monroe County, Florida, each week (on COUNTYCODEOFOR-
Thursday), and has been entered as DINANCES;.AND PRO- •
second class mail matter at the Post DATEGANEFFECTIVE.
Office in Tavernier, in said County of
Monroe, Florida, for a period of oneyear 286.0105;t FloriaSection___�
286.0105;Florida
next preceding the first publication of the Statutes,notice is given
attached copy of advertisement; and that if I person decided to
_• anneal any rlaricinn
affiant further says that she has neither 'made by the Board with '
paid nor promised any firm, person, or respect to any matter -
rebate, - considered at such h hear
corporation any discount, ings or meetings,he.will
commission or refund for the purpose of need a record of the pro-
securing this advertisement for ceedings,and that,for •
such purpose,he may
publication in the said newspaper and that -needtoensurethataver-
The Reporter is in full compliance with ceedinecordofthepro- a _.,k
ceedings is made,which �a7 ..,.,
Chapter 50 of the Florida StateStatutes on record includes the testi- • " -
Legal and Official Advertisements. mony and evidence upon o r,7 I-I;
which the appeal is to be; -" =, "< '-�
based. - a c- .
- Copies of the above-ref- 5'•: --y
/ erenced ordinance are =I' '
available for review at the --
-various public libraries in , -,. .S13, c--)
Sworn to/ and scribe before me this Monroe:County,Florida. r— r-, tj
11 th day cif Apr- , 005. Dated-at Key West,Flori- D F, -
t . .................g :;
ff ,KATHLEE RYAN s da,this 16th day of
' ou,"'"ssr uw Coe ,i#DD0241827I March,2005. ` .
A'o d
•
if ` es 1� 7 DANNY L.KOLHAGE,
*FAR Sandedttru(800)432-4254: : Clerk of the Circuit Court
iinm •• NoksyAssn.,I •1 and ex officio Clerk of the
Board of County Corn- -
missioners of Monroe
County,Florida
tary (SEAL)
Publish:04/01/05&
04/08/05 .
i The Reporter
Tavernier,FL 33070
.. .looesseFLORIDA KEYS......
E5s1 k.v„,a.‘ tAt,k'ai!'Lt I.,'.fl'q:'It') kFal 4l,` e C
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"� -No.1554100"
NOTICE OF INTENTION
Published Twice Weekly -TO CONSIDER- •
Marathon, Monroe County, Florida . ADOPTION OF COUNTY
} ORDINANCE .,
NOTICE IS HEREBY GIVEN
'
TO. WHOM IT-MAY CON-
CERN that on Wednesday,
PROOF OF PUBLICATION 'April 20, 2005, at 3:00
PM at the Hervey Govern-
' ment Center, 1200 Tru-
man Avenue,Key West,
Monroe County, Florida,
STATE OF FLORIDA the Board of County ouh-
missioners of Monroe Coun-
COUNTY OF MONROE , erty heaFloridoption fthefollow-
ings to ons -
!�er.the adoption of the
County ordinance:.- _
Before the undersigned authority person- -AN ORDINANCE OF THE
ally appeared WAYNE MARKHAM who on BOARD OF COUNTY OF
COMMISSIOENRS OF
'MONROE COUNTY,-
oath, says that he is PUBLISHER of the SECTIONS-6 s3 6)AND
FLORIDA KEYS KEYNOTER, a twice COUNTY CODE, INMONROE
O E -
weekly newspaper published in Marathon, �`TIONAL ADD AERNATDE
NG in Monroe County, Florida: that the THECONTRACTORS TO
- attached copy of advertisement was VIDING G BOARD;PROPRO-
VIDING FOR SEVER-.
published in said newspaper in the issues FORTH . • PRO OF ALL
VIDING
P /,./ F I ORDINANCES ALINCON-
of: (U- e(s) of Publication) - I SISTENT HEREWITH;
PROVIDING FOR INCOR-
PORATION INTO THE
li
MONROE COUNTY CODE
• / 2 (/J 9� �LDV ,' OF ORDINANCES; AND
4044 ✓ l PROVIDING AN -
EFFECTIVE DATE. ,
Pursuant to , Section
286.0105, Florida Statutes,
notice is given that if a per-
son decided to appeal any
decision
Affiant further says that the said FLORIDA ,with made by the Board
respect to any matter
i"considered at such hearings
or , he will need a
KEYS KEYNOTER is a newspaper published I-rrecordefofgthe proceedings,
and that,for such purpose,
at Marathon, in said Monroe County, 1:he-mayneedtoensure.thata —
-
Florida, and that the said newspaper has verbatim record s m of the pro
ceedings is made;which re-
cord includes the testimony
heretofore been continuously published in -andevidenceuponwhich-the
appeal is to be based: ,
said Monroe County, Florida, twice each :Copies-of the abdve-refer-
week (on Wednesday and Saturday) and able d
ordinance are Variavaous
able for review at the various
('public libraries in Monroe ,
has been entered as a second class mail I County,Florida.
matter at the post office in Marathon, in Dated at Key West,Florida,
Monroe County, Florida, for a period of this 16th day -of March,.
i 2005.
one year next preceding the first , Clerk of the Circuit Court and
Publication of the attached co of - exofficio Clerk of the.Board
PY i of County Commissioners of
advertisement. The affiant further says
MonroeGounty,Florida
005
that he has neither paid nor promised any q Fubiiah Keyspril Keynoter
ter
p Florida Keys Keynoter
person, firm, or corporation any discount, ` "
rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Keys Keynoter is in full o -t-;
compliance with Chapter 50 of the Florida �"
State Statutes on Legal and Official arm
Advertisements. c-,. r. 'II
I
Sworanore me
•
this Day , 2005 b r 1 el•
(SEAL) `�
' reueo++evese, eeeoeu.seaeuesoourac::;,i,
O` ec enm«
No ry P: `Il�r iaooi
1 ,� U, (8OO)4 24254 .
.......—FLORIDA KEYS .N 4 850o-
- I
` NOTIC5 OF INTENTION
[1r
�� TO CONSIDER -
, ADOPTION OF.COUNTY
y; •ORDINANCE
NOTICE'IS HEREBY GIVEN'
Published Twice Weekly TO WHOM IT MAY CON-
CERN that on•Wednesday,
Marathon, Monroe County, ,PM at the
Florida May, 2006, at-3:00
he Key radewinds
.Library,_ Center;,
I Shopping
• 101485 Overseas High-
way, •
101,
PROOF OF PUBLICATION I Key Lare Markergo, Monnroeroe
County,Florida,the Board
of County,Commissioners of
L_Monroe-County, Florida, in-'
tends to,consider the adop-
STATE OF FLORIDA tion of the following County-
ordinance: • ,
COUNTY OF MONROE AN ORDINANCE OF THE
BOARD OF -COUNTY
Before the undersigned authority person- COMMISSIONERS OF
ONROE$ FLORA, AMENDING•
ally appeared WAYNE MARKHAM who on SECTIONS'6-83(6) AND
,-6-84(a),-_ MONROE
oath, says that he is PUBLISHER of the COUNTY CODE,.IN OR-
DER TO ADD AN ADDI-
FLORIDA KEYS KEYNOTER, •a twice TIONAL- ALTERNATE, •
weekly newspaper published in Marathon, THE VOTING MEMBER To
AMINO N R
BOARD; •PRO-
in Monroe County, Florida: that the VIDING FOR'J.SEVER-
Y ABILITY' PROVIDING
attached copy of advertisement was OFOR RDINANCES
REPEALOFAN-
F'7 ORDINANCES INCON-
SISTENT HEREWITH; •
published in said newspaper in the issues PROVIDING FOR INCOR-,
INTO THE .
of: (date(s f publication) MONROIE COUNTY CODE:
/per /�� OF ORDINANCES; AND,
/// _///Dc I•TIVE DATE. AN EFFEC-
.�/r/ (�\+V Pursuant to- !Section.
'286.0105,Florida Statutes,
notice is given that if a per-'
son decided-to appeal any
-decision made by the Board
with respect to any matter
considered at such hearings
Affiant further says that the said FLORIDA or recoordrd of ofgs,.he will need a
,the proceedings,
and that,for such purpose,
KEYS KEYNOTER is a newspaper published he may need to ensure hats
at Marathon, in said- Monroe County, _'.verbatim record of the pro-•
I
rorri in InrI mahe,.P7MT°nv
Florida, and that the said newspaper has and evidenceuponwhichthel
appeal is to be based.
heretofore been continuous) in ,-
Y publishedcopies-of the above-refer-,I
said Monroe County, Florida, twice each enced ordinance are avail=
able for review at the various
public libraries in Monroe I
week (on Wednesday and Saturday) and County;Florida.
has been entered as a second class mail I Dated at Key West,Florida..
matter at the post office in Marathon, in this 8th day of April,2005.
Monroe County, Florida, for a period of Clerk DANNYL.KOan
4 of the Circuit Court an d
ex officio Clerk of the Board
one year next preceding the first ofc° ssioners of
Monroe County,Florida
publication of the attached copy of publishApril3O,2005 .
•
advertisement. The affiant further says i Florida Keys Keynoter _
that he has neither paid nor promised any "�i p.
person, firm, or corporation any discount,. c," 3-1 -;
rebate, commission or refund for the c
purpose of securing this advertisement for rn - -- :III
publication in the said newspaper(s) and � ;t:" �"
that The Florida Keys Keynoter is in full cam,;,-,= " -0 .r
compliance with Chapter 50 of the Florida ices__ .,
State Statutes on Legal and Official ={-( -. '
Advertisements. ram-- :'• r -all ,:
A)
Swor nd gg:',,i;%d•before me
thing ay o / / , 2005
(SEAL) /
HLEEN H.HANCOCK
w '! Comm#DD0261763
•res 11/17/2007
o ry Pers - ni a th a(800)432.4254e
lasru:;Q��ys� FloridaNderyAssn..Inc i
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
May 10, 2005
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated May 4, 2005 and certified copies of Monroe County Ordinance
Nos. 004-2005 and 005-2005, which were filed in this office on May 9, 2005.
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Program Administrator
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DST A TE LIBRARY OF FLORIDA
R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TOO: (850) 922-4085 . http://www.dos.state.n.us
DLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
DADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282