Ordinance 017-2005 „
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ORDINANCE NO. 017-2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING AN INTERIM
DEVELOPMENT ORDINANCE DEFERRING THE
ACCEPTANCE OF DEVELOPMENT APPLICATIONS FOR THE
REDEVELOPMENT AND CONVERSION OF MARINE
FACILITIES INCLUDING COMMERCIAL MARINAS AND THE
WORKING WATERFRONT UNTIL LAND DEVELOPMENT
REGULATIONS AND COMPREHENSIVE PLAN AMENDMENTS
ARE DRAFTED; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR TRANSMITTAL TO FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS (DCA); AND PROVIDING FOR
EXPIRATION WITHIN 270 DAYS OF THE EFFECTIVE DATE OF
THE ORDINANCE OR WHEN THE AMENDMENTS BECOME
EFFECTIVE,WHICHEVER COMES FIRST.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA:
Section 1. Section 9.5-185 of the Monroe County Code is hereby created to read as
follows:
Section 9.5-185. Interim Development Provisions Relating To Working
Waterfront Areas And Public Access To Beaches And Shorelines.
1. Definitions. As used in this Ordinance, the following terms shall have the
definitions provided, unless the context clearly provides otherwise:
a. "Commercial marina” shall mean any facility or facilities, having three or
more slips, docks, or docking spaces, conducting business involving the sale, repair,
rental, storage, and servicing of boats, and including accessory retail uses. The term
includes a licensed commercial facility which provides secured public moorings or wet
storage for private pleasure vessels or commercial vessels on a leased basis. The term
does not include privately owned individual berths or docks accessory to land based
dwelling units.
b. "Existing structures and uses" shall mean a structure in existence as of
February 28, 2005, and the customary and regular uses of that structure up to and
including February 28, 2005.
c. "Marine facility" shall mean commercial marinas, the working waterfront,
boat ramps, and any other locations that provide public access to the navigable waters of
the state.
d. "Public access" shall mean the ability of the public to physically reach, enter,
or use beaches and shores. The term shall have the same meaning as defined in Rule 9J-
5.003(97), Florida Administrative Code.
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e. "Working waterfront" shall mean a parcel or parcels of real property that are
used for water dependent boatyards, wet storage of boats and vessels, commercial fish
houses(fish landings, processing and packaging) and commercial fishing vessel dockage.
The term does not include commercial marinas providing dockage for pleasure
watercraft.
f. "Water-dependent uses" shall mean activities which can be carried out only
on, in or adjacent to water areas because the use requires access to the water body for
waterborne transportation, including ports or marinas, and recreation. The term shall
have the same meaning as defined in Rule 975-003(137),Florida Administrative Code.
g. "Water-enhanced uses" shall mean activities that are not water-dependent uses
but benefits economically or aesthetically by its location adjacent to or on the waterfront.
The term includes dock side bars, restaurants, hotels, motels, and residential uses.
2. Findings by Board of County Commissioners. The Board of County
Commissioners, based upon minutes of prior meetings of the Board, presentations of
staff, comments by the public, provisions of Florida Statutes and Florida Administrative
Code Rules, and Monroe County public records, hereby finds as follows:
a. The Board of County Commissioners at a public meeting held on August 18,
2004, directed county staff to have a public water access and marine facilities plan
prepared for Monroe County.
b. The Board of County Commissioners discussed a policy of"No Net Loss" of
working waterfront or public access at a public meeting held on December 16, 2004.
c. Monroe County is experiencing the loss of working waterfront and the loss of
public access due to the redevelopment of marine facilities, commercial marinas, and the
working waterfront, including boatyards, wet storage of vessels and boats, fish houses
and commercial fishing vessel dockage, at an unprecedented rate.
d. The continued loss of working waterfront and public access in the County is
and will be detrimental to the economic and social well-being and the health, safety, and
welfare of the citizens of Monroe County.
e. If the Comprehensive Plan and land development regulations are not amended
to control certain conversions and redevelopments, future losses of working waterfront
and public access will negatively affect the economy and bring an end to critical marine-
related services, including boat yards, commercial marinas that are available to the
public, and traditional trades associated with commercial fishing.
f. It is necessary to undertake a comprehensive and deliberate analysis of the
economic, social, and quality of life implications of continued conversions and
redevelopments and the impact of same on the public access and the working waterfront.
g. Preserving the status quo while undertaking the analysis will ensure that the
County's problems related to diminished public access and further loss of working
waterfront will not be exacerbated during the time it takes to prepare a well-reasoned and
equitable planning and regulatory program.
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h. Preserving the status quo for a temporary period of time will prevent
development that could be inconsistent with the Comprehensive Plan and/or with pending
changes to the Comprehensive Plan or land development regulations.
i. A number of waterfront property owners are exploring the possible change of
use of their property to private residential uses and private exclusive use of docks and
docking spaces which will further decrease the public access and/or working waterfront.
j. Goal 212 of the 2010 Comprehensive Plan provides that "Monroe County shall
prioritize shoreline land uses and establish criteria for shoreline development in order to
preserve and enhance coastal resources and to ensure the continued economic viability of
the County".
k. Goal 213 of the 2010 Comprehensive Plan provides that"Monroe County shall
ensure adequate public access to the beach or shoreline.
1. Objective 502.1 of the 2010 Comprehensive Plan provides, in pertinent part,
that Monroe County shall promote the preservation and enhancement of the existing ports
and port related activities.
m. Monroe County needs to update and augment its inventory of public access
and waterfront facility locations and specific waterfront uses in order to have a thorough
and accurate understanding of the socio-economic data relating to the existing situation.
n. Accepting or processing of development applications during the term of this
ordinance would result in confusion for property owners, inefficiencies in governmental
services, potentially redundant review processes, and may unreasonably affect the
expectations of property owners.
o. The approval of development applications for working waterfront property
conversions and redevelopment will result in the continued and irreversible loss of public
access and working waterfront.
p. The exemption of certain specified uses and development activities advances
the intent of this Ordinance and will not diminish public access or further the loss of
working waterfront.
q. The Board of County Commissioners recognizes the need to develop
comprehensive plan and land development regulations and programs to preserve marine
facilities, including commercial marinas, and to protect public access and the working
waterfront.
r. The Board of County Commissioners at a public meeting held on January 19,
2005, voted to contract with the South Florida Regional Planning Council to prepare a
public access and marine facilities plan and suggested implementation measures,
including Comprehensive Plan amendments and Land Development Regulations.
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s. Monroe County has committed necessary staff and resources to the
development of policies and regulations relating to the working waterfront and public
access.
t. This interim Ordinance and the planned amendments to the Comprehensive
Plan and Land Development Regulations are necessary to protect the health, safety, and
general welfare and to advance the policies set forth in the Comprehensive Plan.
u. The Board of County Commissioners finds that it is necessary to enact an
Interim Development Ordinance deferring the acceptance of development applications
that seek development approval for the conversion or redevelopment of waterfront
properties.
v. The Board of County Commissioners finds that a 270-day deferment of
development applications and approvals as provided herein is reasonable and is the
minimum necessary to protect the health, safety, and general welfare of the citizens of
Monroe County and to implement the Comprehensive Plan.
w. The temporary deferral of development applications and approvals as
provided in this Ordinance is not intended nor shall it be construed to inhibit the existing
lawful use of properties in accordance with the Comprehensive Plan and land
development regulations.
x. Chapter 125, Florida Statutes, authorizes the Board of County Commissioners
to adopt ordinances to provide standards protecting against imminent and immediate
threat to the health, safety and welfare of the citizens of Monroe County.
y. This Interim Development Ordinance constitutes a valid exercise of the
County's police power and is otherwise consistent with Sections 163.316, et seq., Florida
Statutes,which, inter alia, encourages the use of innovative land development regulations
to implement the adopted Comprehensive Plan.
z. The Board of County Commissioners at a public meeting held on January 19,
2005, directed staff to prepare an ordinance deferring acceptance of applications for
redevelopment of marine facilities, including commercial marinas and the working
waterfront (boatyards, wet vessel and boat storage, fish houses and commercial fishing
vessel dockage), that would diminish public access or further result in the loss of working
waterfront, while staff prepares amendments to the 2010 Comprehensive Plan and Land
Development Regulations.
aa. As directed by the Board of County Commissioners, the Growth Management
staff immediately undertook the development of this Interim Development Ordinance and
preparation of a contract for the development of a public access and marine facilities plan
and suggested implementation measures including Comprehensive Plan amendments and
Land Development Regulations.
bb. The Monroe County Planning Commission reviewed the draft Interim
Development Ordinance at a public hearing held on May 11, 2005, and voted to not
recommend approval of the ordinance to the Board of County Commissioners.
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cc. The Board of County Commissioners has reviewed and considered the draft
Interim Development Ordinance voted on by the Planning Commission and
recommended by the Planning staff.
3. Purpose and Intent. This Interim Development Ordinance implements
the Board of County Commissioners' intent to temporarily curtail further redevelopment
and conversion of marine facilities that result in the loss of working waterfront and
diminish public access, in order to implement the Commission's policy of"No-Net-Loss"
of working waterfront and public access while legislation is being prepared.
4. Development Allowed.
a. During the period that these Interim Regulations are in effect, notwithstanding
any other provisions of this Chapter,
11) the holder of a Conditional Use Permit issued prior to the effective
date of this Ordinance shall be entitled to develop according to the
provisions of the Conditional Use Permit;and
(2) none of the restrictions set forth in this Ordinance shall prevent
issuance of a permit for general maintenance, repair and/or safety
improvements, nor for any modification, improvement or expansion to an
existing marine facility that does not diminish public access and does not
result in the loss of working waterfront; and
(3) none of the restrictions set forth in this ordinance shall apply to an
application for a building permit or development approval submitted to the
County on or before February 28, 2005.
b. The provisions of this Ordinance shall not apply to an application for or
issuance of a building permit or development approval for any development or
redevelopment that is otherwise allowed pursuant to the Monroe County Land
Development Regulations and the 2010 Comprehensive Plan.
5. Application of Ordinance. This Ordinance shall be applicable to
redevelopment and conversion of existing uses and structures which involve:
a. Any change of use of a commercial marina from a water-dependent use to a
water-enhanced or a non-water-dependent use.
b. Any division of uplands and/or bay bottom of existing marine facilities into
individual parcels regardless of type of ownership.
c. Any modification, improvements or expansions of existing marine facilities
which would diminish public access or result in a loss of working waterfront.
d. Any change of use of a parcel of parcels of working waterfront to a
commercial marina or a non-water dependent use.
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6. Deferrals.
a. Commencing on the effective date of this Ordinance, a within unincorporated
Monroe County, the Growth Management Division shall defer:
1). Accepting or processing development applications relating to
redevelopment or conversion of existing uses and structures as listed in sub-sections 5a
through 5d.
2). Issuance of building permits for redevelopment or conversion of
existing uses and structures as listed in sub-sections 5a through 5d.
3). Issuance of development orders and development permits of existing
uses and structures as listed in sub-sections 5a through 5d.
b. Any application for a building permit or development approval, submitted on
or after March 1, 2005, for any development or redevelopment of structures or uses
identified in sub-section 5 shall not be accepted or processed by the Growth Management
Division.
7. Interim Regulations. Pursuant to its lawful authority and the pending
legislation doctrine as set forth in Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d
DCA, 1980), the Board of County Commissioners hereby establishes the interim
development regulations set forth in this Ordinance, which shall remain in full force and
effect until the date the Comprehensive Plan amendments and Land Development
Regulations become effective, or until repeal of this Ordinance,whichever first occurs.
8. Administrative Appeal. Any property owner adversely affected by the
application of this Ordinance may seek an administrative determination that, prior to
March 1, 2005, the owner's proposed development or redevelopment met the vested
rights standards set forth in Section 9.5-181, Monroe County Code. To request an
administrative determination, the property owner shall file an Application For
Determination of Vested Rights with the Director of Growth Management. The
application, together with an administrative filing fee of Four Hundred Dollars ($400.00),
must be filed within sixty (60) days from the effective date of this Ordinance.
9. Duty of County Administrator. The County Administrator is directed to
have the Growth Management Division immediately begin preparing draft amendments,
regulations and other supporting studies, in cooperation with the Monroe County
Planning Commission, to address the issue of redevelopment and conversion of marine
facilities that result in diminished public access or loss of working waterfront.
10. Repealer Provision. This ordinance shall stand repealed as of
11:59 p.m_ on the 270th day after the effective date of the Ordinance, unless repealed
sooner by the Board of County Commissioners or upon the adoption by the Board of
County Commissioners and approval by the Florida Department of Community Affairs of
amendments to the Comprehensive Plan and Land Development Regulations addressing
public access and ma ine facilities.
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Section 2. If any section, subsection, sentence, clause, item, charge or provision of
this ordinance is held invalid,the remainder 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. This ordinance shall be transmitted to the Florida Department of
Community Affairs pursuant to Chapter 380, Florida Statutes, and the DCA is requested
to review and approve it by Immediate Final Order in accordance with Section
120.569(2)(n), Florida Statutes, in recognition of the public importance of retaining the
working waterfront, marine facilities, and public access, and to prevent the threat of
further loss thereof as"an immediate danger to the public health, safety, or welfare".
Section 5. 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 Administration Commission approving this ordinance pursuant
to Florida Statutes, Chapter 380.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day 20th of July 2005.
Mayor Dixie M. Spehar Yes
Mayor Pro Tem Charles"Sonny"McCoy Yes
Commissioner Murray Nelson Yes
Commissioner George Neugent Yes
Commissioner David Rice Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA o r-
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Mayor Dixie M Spehar �. -11
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VOTEJY: ';, ` MONROE COUNTY ATTOR
DANNY ,:IKOLHAGE, CLERK AP ,OVED AS TO •
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Deputy Clerk date
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
• July 29, 2005
Ms. Liz Cloud, Program Administrator
Administrative Code& Weekley
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7004 1160 0007 1974 9996
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 017-2005 adopting an Interim
Development Ordinance deferring the acceptance of development applications for the
redevelopment and conversion of marine facilities including commercial marinas and the working
waterfront until land development regulations and comprehensive plan amendments are drafted;
providing for exemption; providing for transmittal to Florida Department of Community Affairs
(DCA); and providing for expiration within 270 days of the effective date of the Ordinance or
when the amendments become effective, whichever comes first.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting held in formal session on July 20, 2005. 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 my missioner
by:
amela . Hancock, D.C.
Monroe County Clerk's Office
Ordinance No. 017-2005
cc: Growth Management
County Attorney ;
BOCC ,
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
File t
, • Complete items 1,2,and 3.Also complete A. Signature ,
item 4 if Restricted Delivery is desired. El Agent
II Print your name and address on the reverse X El Addressee .
so that we can return the card to you. B. Receit+Rd-brfrnteat7' nts'r A '. ate of Delivery
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or on the front if space permits.
D. Is delivery address different •y .-m 1? 0 Yes.
1. Article Addressed to: If YES,enterAUGry@dlre.I,t .w: El No
Ms. Liz Cloud, Program Admin.
Administrator Code & Weekly
R. A. Gray Building CLEARED
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2. Article Number (
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FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
August 5, 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 July 29, 2005 and certified copy of Monroe County Ordinance
No. 017-2005, which was filed in this office on August 1,2005.
Sincerely,
~~
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Liz Cloud
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 - TDD: (850) 922-4085 - http://www.dos.state.l1.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
DCA Final Order No.: DCA05-0R-171
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULA nONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 017-2005
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FINAL ORDER
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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. (2004), 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 August 5, 2005, the Department received for review Monroe County
Ordinance No. 017-2005 which was adopted by the Monroe County Board of County
Commissioners on July 20, 2005 ("Ord. 017-2005").
3. This Ordinance defers the acceptance of applications for redevelopment and
conversion of marine facilities including commercial marinas and working waterfronts until a
public water access and marine facilities plan is completed. Monroe County is experiencing the
loss of and redevelopment of marine facilities such as commercial marinas, boat yards, wet
storage, fish houses, and commercial fishing vessel dockage. The Ordinance is designed to
protect these marine facilities until the comprehensive plan or land development regulations are
modified.
4. Ordinance 017-2005 is consistent with the 2010 Monroe County Comprehensive
Plan.
DCA Final Order No.: DCA05-OR-171
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations that
are enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. § 380.05(6),Fla. Stat, and § 380.0552(9),Fla. Stat. (2004).
6. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. § 380.0552,Fla. Stat (2004) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla.Admin. Code.
7. "Land development regulations" include local zoning, subdivision, building and
other regulations controlling the development of land. § 380.031(8),Fla. Stat. (2004). The
regulations adopted by Ord. 017-2005 are land development regulations.
8. 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 § 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.
9. Ord. 017-2005 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.
(d) To ensure the maximum well being of the Florida Keys and its citizens
through sound economic development.
(g) To protect the historical heritage of the Florida Keys.
(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.
10. Ord. 017-2005 is consistent with the Principles for Guiding Development as a
whole.
2
DCA Final Order No.: DCA05-OR-171
WHEREFORE, IT IS ORDERED that Ord. 017-2005 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.
DONE AND ORDERED in Tallahassee, Florida.
, / . 7 I eir
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State Planning Administrator
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN 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.
3
•
DCA Final Order No.: DCA05-OR-171
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE 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.
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 ADMINISTRATI-VE 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. .
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DCA Final Order No.: DCA05-0R-171
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 c rrect copies have been furnished
to the persons listed below by the method indicated this ayof September, 2005.
r Paula Ford, Agenc
By U.S. Mail:
Honorable Dixie Spehar
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
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
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
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