Ordinance 012-2005
ORDINANCE NO. 012-2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING A INTERIM DEVELOPMENT
ORDINANCE FOR THE TAVERNIER HISTORIC DISTRICT
OVERLAY; ESTABLISHING THE BOUNDARIES THEREOF;
DEFEREUNG THE ACCEPTANCE OF DEVELOPMENT
APPLICATIONS UNTIL DESIGN STANDARDS AND GUIDELINES ARE
ADOPTED; PROVIDING FOR EXEMPTIONS; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS (DCA); PROVIDING FOR
EXPIRATION WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE
OF THE LIVABLE COMMUNIKEYS MASTER PLAN FOR TAVERNIER
CREEK TO MILE MARKER 97 OR ADOPTION OF DESIGN
ST ANDARDS AND GUIDELINES, WHICHEVER COMES FIRST.
WHEREAS, the Board of County Commissioners at their meeting of February 16, 2005,
adopted the Livable CommuniKeys Master Plan Tavernier Creek to Mile Marker 97 as an
amendment to the Monroe County Year 2010 Comprehensive Plan (referred to hereafter as the
2010 Plan); and
WHEREAS, the 2010 Comprehensive Plan, Goal 101 requires Monroe County to
manage future growth to enhance the quality of life, ensure the safety of County residents and
visitors, and protect valuable natural resources. [9J-5.006(3)(b)1]; and
WHEREAS, the 2010 Plan Objective 101.20 identifies the Livable CommuniKeys
Planning Program as a planning program designed to address community needs while balancing
the needs of all of Monroe County; and
WHEREAS, The Livable CommlmiKeys Master Plan for Tavernier Creek to Mile
Marker 97 (referred to hereafter as the Master Plan) is the product of the Livable CommuniKeys
program as outlined in the 2010 Plan Objective 101.20; and
WHEREAS, the Tavernier Historic Overlay District is a unique historic resource as
identified in the Master Plan; and
WHEREAS, GAl consultants completed an architectural survey of all unincorporated
areas of Monroe County and completed an evaluation of sites and structures for designation in
the National Register of Historic Places and or Monroe County Landmarks; and
WHEREAS, the survey identified fifty-three properties within the Tavernier Historic
District as being eligible for national historic designation, eight of the identified properties are
designated as Monroe county landmarks and seventeen are listed as Monroe County Historic
Landmarks; and
WHEREAS, GAl consultants recommended that Tavernier be nominated as a district on
the National Register of Historic Places; and
Page 1 of 6
WHEREAS, each individual historic site and or structure is important and together they
contribute to making the Tavernier Historic District Overlay a significant county resource; and
WHEREAS, Action Item 4.3.5 in the adopted Master Plan requires that design standards
be prepared and that any new development or redevelopment within the designated Tavernier
Historic District Overlay be consistent with design standards and in compliance with regulatory
controls; and
WHEREAS, historic architecture design standards and design guidelines for historic
structures, contributing structures and non-contributing structures all together can support,
enhance and preserve the character of the historic district; and
WHEREAS, Action Item 4.3.6 in the adopted Master Plan directs the County to enact a
temporary moratorium on development within the Tavernier Historic District Overlay until the
design standards are adopted or six months after the effective date of the Master Plan, whichever
comes first; and
WHEREAS, the County has committed necessary staff and resources to the development
of the historic district design standards in order to facilitate diligent and good faith efforts to
establish policies and regulations within a reasonable period of time; and
WHEREAS, the Board of County Commissioners, in anticipation of the adoption of the
Master Plan, voted to Contract with HDR Consultants to prepare the historic district design
standards and implementation measures including Land Development Regulations at their
meeting of January 19,2005; and
WHEREAS, the utilization of the moratorium device as a temporary measure to
facilitate government decision making, study and adoption of land development regulations is a
legitimate governmental tool to facilitate logical and considered growth and as a means of
avoiding inefficient and ill-conceived development; and,
WHEREAS, the County finds that it is necessary to enact an Interim Development
Ordinance deferring the approval of development applications within the designated Tavernier
Historic District Overlay so the County can prepare design guidelines; and,
WHEREAS, the purpose this Interim Development Ordinance provides mechanisms to
assure democratic discussions and participation by citizens, developers, and property owners
who may be affected by eventual amendments to the Land Development Regulations; and
WHEREAS, Chapter 125 F.S., 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; and
WHEREAS, this Interim Ordinance constitutes a valid exercise of the County's police
power and is otherwise consistent with Section 163.3161, et seq., F.S., which, inter alia,
encourages the use of innovative land development regulations including provisions like
moratoria to implement the adopted comprehensive plan; and
Page 2 of6
WHEREAS, following the direction of the Board of County Commissioners in the
adopted Tavernier Creek to MM 97 Master Plan, the Growth Management Division staff
immediately undertook the development of this Interim Development Ordinance and began
working with the consultants HDR, Inc on development of historic design standards for the
Tavernier Historic Overlay District; and
WHEREAS, the Planning Commission has reviewed the draft Interim Development
Ordinance and recommended approval to the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners has reviewed and considered the draft
Interim Development Ordinance recommended by the Planning Commission and Planning staff;
and.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Pursuant to the Livable CommuniKeys Master Plan Tavernier Creek to Mile
Marker 97 adopted by the Board of County Commissioners on February 16, 2005, the Interim
Development Ordinance shall apply to the Tavernier Historic Overlay District, the boundaries of
which are described on the map, attached hereto as Exhibit 1, and hereby is made part of this
ordinance.
Section 2. Pursuant to its lawful authority and the pending legislation doctrine as set forth in
Smith v. Citv 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 expiration of this legislation,
September 1, 2005 or whenever the land development regulations and design standards and
guidelines become effective, whichever comes first.
Section 3: During the period that this interim ordinance is in effect, no application for a
building permit or development approval shall be granted for any new development, remodeling
or redevelopment within the designated Tavernier Historic Overlay District (Exhibit 1).
Section 4:
The following are exempt from this ordinance:
1. Interior remodeling.
2. The Director of Planning may authorize the relocation of historic structures identified as
a candidate for local historic designation by the Historic Preservation Commission.
3. Development under an approved conditional use permit, repair and/or approvals required
for life/safety improvements.
4. Public buildings as defined in Section 9.5-4 (P-18) of the Code and new or existing
structures that are not historically designated, subject to review and approval of building
design by the Planning Commission, based on the draft architectural design standards and
design guidelines prepared for the county by HDR consultants.
Page 3 of6
Section 5: Until expiration of the Interim Development Ordinance created by
Sections 1, 2 and 3 hereof, no application for a building permit or development approval
shall be granted pursuant to an application or request with a submittal date of April 1,
2005, or later.
Section 6: Any application for a building permit or development approval with a
submittal date of March 31, 2005 or earlier shall be exempt from this Interim
Development Ordinance.
Section 7: As of the effective date of the this ordinance, no application for a building
permit or development approval meeting the criteria in Section 3 hereof, shall be
accepted or processed by the Growth Management Division, except applications exempt
hereunder and development awarded a vested rights determination pursuant to Section 9
hereof.
Section 8: This Ordinance shall not be construed to prohibit application for, or the
issuance of a building permit or development approval for any development or
redevelopment that is not identified in Section 3 hereof and that is allowed pursuant to
the Monroe County Land Development Regulations and the 2010 Plan.
Section 9: Any property owner adversely affected by the provisions of this Interim
Development Ordinance may seek a determination that the owner's proposed
development or redevelopment is vested against the provisions of this Interim
Development Ordinance, by filing with the Director of Growth Management, together
with an administrative fee in the amount of $400, a vested rights application setting forth
facts establishing the applicant met, prior to April 1, 2005, the vested rights standards set
forth in Section 9.5-181, Monroe County code. Such application must be filed no later
than sixty (60) days after the effective date of this ordinance.
Section 10: The County Administrator is directed to have the Growth Management
Division begin immediately preparing the draft text amendments and other supporting
studies in cooperation with the Planning Commission to develop design standards and
regulatory controls for development, remodeling or redevelopment within the designated
Tavernier Historic District.
Section 11: In preparing these amendments, the County Administrator is directed to
focus the Growth Management Division's efforts in the following important areas: 1)
preparation of design standards and regulatory controls to ensure that future uses and
development are compatible with scenic preservation and maintenance of the character of
the casual island village atmosphere of the Florida Keys and that address local
community needs while balancing the needs of all Monroe County Communities; 2)
identification of regulatory amendments and strategies to ensure that the goals and
objectives of the 2010 Plan and the Livable CommuniKeys Master Plan Tavernier Creek
to Mile Marker 97 are properly implemented.
Page 4 of6
Section 12: If any section, subsection, sentence, clause, item, change or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 13: All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 14: The ordinance is hereby 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. S.120.569(2)(n), F.S.
Section 15: 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 ordinance pursuant to
Chapter 380, Florida Statutes.
Section 16: This Ordinance shall stand repealed as of the adoption of design standards
and design guidelines for the Tavernier Creek Historic district, or September 1, 2005,
whichever comes first, unless repealed sooner or extended pursuant to the terms set forth
herein.
-Remainder of the page left blank-
Page 5 of6
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 15th day of June 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray Nelson
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OFMONR~E~9YN~ILOR~A/
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BY
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. ANNY L. KOHAGE, CLERK
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Deputy Clerk
Mayor Dixie Spehar
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ATTACHED - TAVERNIER HISTORIC DISTRICT MAP
Page 6 of6
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Tavernier Creek to Mile Marker 97
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Tavernier Historic District
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Figure 3.1 'Historic over lay district.
Community Character Element
47
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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
June 30, 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 7003 3110 0003 4621 5383
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 012-2005 adopting an Interim Development Ordinance for the Tavernier
Historic District Overlay; Establishing the boundaries thereof; Deferring the acceptance of
development applications until design standards and guidelines are adopted; Providing for
exemptions; Providing for an effective date; Providing for transmittal to the Department of
Community Affairs (DCA); Providing for expiration within six months after the effective date of
the Livable CommuniKeys Master Plan for Tavernier Creek to mile marker 97 or adoption of
design standards and guidelines, whichever comes first.
Ordinance No. 013-2005 to extend an interim moratorium deferring ROGO and NROGO
Allocations in areas of two acres or greater containing tropical hardwood hammock or pinelands
within any conservation and natural area as established by Ordinance 018-2004 until Land
Development Regulations and Comprehensive Plan Amendments implementing the work program
mandated by Rule 28-20.100 F,A.C. are drafted and adopted by the County Commission, and
providing for expiration within six months of the date of adoption of this Ordinance by the Board
of County Commissioner, whichever first occurs.
Ordinance No. 014-2005 to consider adoption of an Ordinance amending the Monroe
County Land Development Regulations, Chapter 9.5, Section 349(b) and 349(0), regarding
Shoreline Setbacks; Providing for severability; Providing for the repeal of all Ordinances
inconsistent herewith; Providing for incorporation into the Monroe County Code; Providing for
an effective date; and providing for transmittal to the Department of Community Affairs (DCA) in
accordance with Florida Statutes.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on June 15,2005. Please file for record. Should you have
any questions, feel free to contact my office at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
Byci2ahft,~\g~
Isabel C. DeSantis, eputy Clerk
cc: County Administrator
Growth Management Director
County Attorney
BOCC
File
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. - 0 Agent
■ Print your name and address on the reverse .t, 0 Addressee
so that we can return the card to you. B. Received b Printed Name) C. Date of Delivery
■ Attach this card to the back'of the mailpiece, JULor on the front if space permits. L. I (I I'
'-D. Is delive addree§different from item 1? El Yes
1. Article Addressed to: If Ye
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(Transfer from service label) II
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U.S. Postal Service,.
m CERTIFIED MAILTM RECEIPT
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FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMA nON SERVICES
July 6, 2005
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 10 1
Key West, Florida 33040
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 June 30, 2005 and certified copies of Monroe County Ordinance
Nos. 012-2005 through 014-2005, which were filed in this office on July 5, 2005.
Sincerely,
~~~
Li; CI~uP-
Program Administrator
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DSTATE LIBRARY OF FLORIDA ..". ;:;;; i\i r1j
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R.A. Gray Building. Tallahassee, Florida 32399-0250 · (850) 245-6600 :t> ,-r; I\> a
FAX: (850) 488-2746. TDD: (850) 922-4085 · http://www.dos.state.fl.us.c-,?,;:;
DLEGISLATIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES _"
(850) 488-28I2. FAX: (850) 488-9879 (850) 487-2I80. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
DADMINISTRA T1VE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
DCA Final Order No.: DCA05-0R-144
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 012-2005
FINAL ORDER
~
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (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 July 13,2005, the Department received for review Monroe County Ordinance
No. 012-2005 which was adopted by the Monroe County Board of County Commissioners on
June 15,2005 ("Ord. 012-2005").
3. This Ordinance places a moratorium on applications for building permits and
applications for development approval for new development, remodeling, or redevelopment
within the Tavernier Historic District Overlay in order to provide the County time to enact
design standards and guidelines for historical structures, as required by Action 4.3.5 of the
Monroe County Master Plan. The moratorium shall be effective until September 1, 2005 or upon
the County's adoption of the design standards and design guidelines.
Further, the Ordinance establishes an interim ordinance which defers the acceptance of
development applications seeking development approval for new development, remodeling, or
redevelopment until the adoption of the new design standards and design guidelines.
DCA Final Order No.: DCA05-0R-144
4. Ord. 112-2005, is consistent with the Monroe County 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations that
are enacted, amended or rescinded by any local governrnent 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 governrnent 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 ofland. ~ 380.031(8), Fla. Stat. (2004). The
regulations adopted by Ord. 012-2005 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 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.
9. Ord. 012-2005 promotes and furthers the following Principles:
(a) To strengthen local governrnent capabilities for managing land
use and development so that local governrnent is able to
achieve these objectives without the continuation of the area of
critical state concern designation.
(f) To enhance natural scenic resources, promote the aesthetic benefits of the
natural environment, and ensure that development is compatible with the
unique historic character of the Florida Keys.
(g) To protect the historical heritage of the Florida Keys.
10. Ord. 012-2005 is consistent with the Principles for Guiding Development as a
whole.
2
DCA Final Order No.: DCA05-0R-144
WHEREFORE, IT IS ORDERED that Ord. 012-2005 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.
J E . UINN
St t Planning Administrator
D artment 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 MA Y 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
.,
;)
DCA Final Order No.: DCA05-0R-144
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 ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
4
DCA Final Order No.: DCAOS-OR-144
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 ~ day of August, 2005.
By U.S. Mail:
r PaulaFord,Agenc Clerk
Honorable Murray Nelson
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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