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Ordinance 006-2010 ORDINANCE 006 - 2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 102-21 REGARDING THE DEPARTMENT OF PLANNING; AMENDING MONROE COUNTY CODE SECTION 6-55 REGARDING THE BUILDING DEPARTMENT AND UPDATING THE QUALIFICATIONS AND DUTIES OF THE PLANNING DIRECTOR; ELIMINATING SPECIFIC JOB DESCRIPTIONS FOR OTHER POSITIONS; AMENDING THE DUTIES OF THE DEVELOPMENT REVIEW COMMITTEE; DELETING OBSOLETE PROVISIONS; PLACING THE DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL IN A SINGLE LOCATION IN CHAPTER 6 OF THE MONROE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has directed staff to change the requirements for the qualifications of the Planning Director; and WHEREAS, the current text describing the job qualifications and functioning of the planning department is outdated; and WHEREAS, the positions and duties of personnel are prescribed by job description in each department, approved by the Human Resources Department; and WHEREAS, the composition of the divisions and departments of county government are determined by the County Administrator and the Board of County Commissioners and should have a flexible component not constrained by ordinance; and WHEREAS, it is apparent that the current regulations for the department of planning were to apply to the entire division now known as the Growth Management Division and the terminology has changed since the regulations were written; and NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section 110-21 shall be amended as follows: Sec. 102-21. Department of planning. (a) Duties; composition. The department of planning shall perform the planning functions for the county and shall provide technical support and guidance for action on Page 1 of 6 applications for development approval and shall perform such other functions as may be requested by the board of county commissioners or the planning commission. (b) Planning Director. (1) Creation and appointment. There shall be a planning director selected and approved by the appropriate division director and the county administrator, and the board of county commissioners if desired. (2) Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties that may be conferred upon the planning director by other provisions of this Code, the planning director shall have the following jurisdiction, authority and duties: a. To serve as staff to the planning commission and to inform such body of all facts and information at his disposal with respect to applications for development approval or any other matters brought before it; b. To assist the planning commission in the review of the plan, including the capital improvements program, these regulations and proposed amendments thereto; c. To maintain the official land use district map and to make a presentation of the map to the board of county commissioners for certification when the land use map is updated; d. To maintain development review files and other public records related to the department's affairs; e. To review, or cause to be reviewed, all applications for major conditional use permits and plat approvals; f. To review and approve, approve with conditions, or deny all applications for minor conditional use permits; g. To recommend amendments to the plan and this chapter; h. To render interpretations of the plan, this chapter or the boundaries of the official land use district map and future land use map; i. To evaluate and act upon claims of nonconforming uses and structures; j. To work to coordinate all local, regional, state and federal environmental and other land development permitting processes affecting development in the county; k. To plan for and evaluate all transportation improvements for the county, and coordinate such activities with the Florida Department of Transportation; 1. To issue certificates of compliance and sign pre-application conference letters of understanding in accordance with the procedures set forth in the plan; m. To establish such rules of procedure necessary for the administration of his responsibilities under the plan; and n. Whenever requested to do so by the county administrator or the board of county commissioners, with the assistance of other county departments, to conduct or cause to be conducted surveys, investigations and studies, and to prepare or cause to be prepared such reports, maps, photographs, charts and exhibits as may be requested. Page 20f6 (c ) Development review committee. (1) Creation and composition. As required for the items being reviewed, the development review committee shall be composed of the planning director or his or her designee and the planner in charge of the particular item being considered, and depending on the application being reviewed, may also include public works division personnel, health department personnel, the building official or his or her designee, a county biologist and any other county employee or official designated by the county administrator or the planning director. The development review committee also may include representatives of each local, regional, state or federal agency that has entered into an intergovernmental agreement with the county for coordinated development review when appropriate. A representative of the department of community affairs shall serve as an ex officio member of the development review committee as long as the county is located within an area of critical state concern. (2) Duties. The development review committee shall have the following duties: a. To meet at least once a month to consider such business as is prescribed by this article including: 1. Reviewing all applications for development approval as set forth in the code. 2. Reviewing all applications for amendments to the plan. b. To maintain such minutes and records as are required by state law. c. Any action reviewing a permit application shall not preclude the applicant's right to be present when his project is discussed before this body. d. Draft staff reports prepared for the items before the development review committee shall be given to the planning director and the applicant. e. Public comments by members not in the department of planning may be in writing and delivered to the development review committee, the planning director, and communicated to the applicant. f. A final staff report, considering Development Review Committee recommendations and other relevant information shall be prepared after the Development Review Committee meeting for those items proceeding to the Planning Commission. Section 2. Section 6-55 shall be amended as follows: Sec. 6-55. Building department. (a) Organizcltion and administration. There is hereby established a department called the building department headed by the building official. Upon recommendation of the county administrator, the department shall be assigned to the division of county government that the board of county commissioners determines appropriate. The county Page 3 of 6 administrator with the approval of the board of county commissioners shall designate the building official. (b) Employee qualifications. The building official shall be licensed as a building code administrator by the state. All appointed or hired inspectors and plan examiners shall meet the qualifications for licensing in the appropriate trade as established by the state. (c) Building official authority and duties. The building official shall have authority to administer, interpret, and enforce provisions of the Florida Building Code, flood plain management regulations, and this chapter. Such authority, jurisdiction, and duties shall include the following: (1) To process building permit applications and issue and revoke building permits; (2) To inspect sites, buildings and structures as required by this chapter, the Florida Building Code and the Standard Unsafe Building Abatement Code; (3) To issue and revoke certificates of occupancy; (4) To maintain building permit, financial, and other public records related to the department's affairs; (5) To establish such policies and procedures necessary for the administration of his responsibilities under the Florida Building Code and this chapter; (6) To provide a recording secretary for the purpose of keeping the board of adjustment and appeals; (7) To be the official source to render interpretations of this chapter and the Florida Building Code; (8) To enforce provisions of the Florida Building Code and this chapter; (9) To issue stop work orders; and (10) To conduct all other such duties and responsibilities as are otherwise required by this chapter. (11) To determine the extent of damage or destruction of nonconforming uses and structures, in cooperation with the planning director; (12) To review building permit applications for repair within areas of special flood hazard to determine that the proposed repair satisfies the requirements of the floodplain management provisions of the code; (13) To review building permit applications for new construction or substantial itnprovement within areas of special flood hazard to ensure that the proposed construction (including prefabricated and mobile homes) satisfies the floodplain nlanagement requirements of the code; (14) To advise permittees that additional federal or state permits may be required, a:nd if specific federal or state permits are known to have been issued, to require that copies of such permits be obtained and provided and maintained on file with the building permit application; (15) To notify adjacent communities and the Florida Department of Community Affairs prior to any alteration or relocation of a watercourse, and to submit evidence of such notification to the Federal Emergency Management Agency; (16) To ensure that maintenance is provided within the altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished; Page 4 of 6 (17) To verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures; (18) To verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed; (19) In coastal high-hazard areas, to review certifications obtained from registered professional engineers or architects that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash; (20) To make interpretations, as needed, as to the exact location of boundaries of the areas of special flood hazard; (21) When base flood elevation data has not been provided in accordance with chapter 122, to obtain, review and reasonably use any base flood elevation data available from a federal, state or other source in order to administer the floodplain management provisions of the code; and (22) To provide the board of county commissioners and the planning commission with reports and recommendations with respect to matters before stIch bodies, as directed by the board of county commissioners, growth management division director or planning director, or the county administrator. Section 3. Severabilitv. If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 4. Conflictine Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 5. Transmittal. This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05 (11) and F.S. 380.0552(9). Section 6. Filine. This ordinance shall be filed in the Office of the Secretary 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 the ordinance. Page 5 of6 Section 7. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of the Code. Section 8. Effective Date. This ordinance shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 17th day of February, 2010. Mayor Sylvia Murphy Mayor pro tern Heather Carruthers Commissioner Mario Di Gennaro Commissioner George Neugent Commissioner Kim Wigington Yes Yes Yes Yes Yes ,~,.~~UNTY BOARD OF COUNTY COMMISSIONERS "~C' By ~ Mayor Sy via Murphy 0 CD a:: c 0 .. u - lJ.J 2: 0:: 0- 0:: 0 ~ LL I a Q: c LW :E: _J c::;) - Lt.~ c::. ~ LLJ (.:J !~~_.- <<f f.."':.. -r_ __1"..~ (..::' . 'n_ , . ,.)~Jt.JT\{Al'TORNE\' 's T~HM~ ~., ;' ,... .' ?22:2k~~~ ~:~~ ... 0 .":!~~';.""'.' :.'~.', '.:;.... i\l.' I\,i G R 11. .. LEY ~T~.,-.~\t~ nn... ....' flVI ....:.~,. ,.,:.'...... . '~...' t,NT'Y'-A. 'T'TORNEY . \~_.\ (:\ I; l \~.}, . I \.. ' 'J r-l 7 -1 /f _-_._."'"~ ~ ...... ..._.__:....k'_...- ;:~ c::' ~:~': ......_~.J':'II' "hI'.,!k...., ,.~. ~ 'j ; .-..,.~-.., ~-~) ).... f~'j U.J _._1 u': gOt? --- Page 6 of6 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA :\3040 TEL. (305) 294-4641 FAX (305) 295-3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHW A Y PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com ROTH BUILDING 50 HIGH POINT ROAD PLANT A TION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 March 4,2010 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Cert!fied Mail 7005 1160 000038./1 2235 Dear Ms. Cloud, Enclosed are certified copies of the following Ordinances: Ordinance No. 005-2010 amending Monroe County Code Sections 102-55, 110-4, 110-7, I 10-37, 110-69, 110-70, 110-71, 110-73, 110-98 and 110-99 to eliminate reference to employee positions no longer in the Growth Management Division; provide for the director of planning to perform those functions within the Division; and provide consistency in the title for the director of planning. Ordinance No. 006-2010 amending Monroe County Code Sections 102-21 and 6-55 to revise the Planning Director's qualifications and duties; eliminate the position and description of the development review coordinator; amend the development review committee duties; relocate within the code the duties of the building official; and eliminate the divisions of capital improvements planning, land use planning, and environmental resources in the Monroe County Code. Ordinance No. 007-2010 amending Monroe County Code Section 110-3, Pre-application Conference; Eliminating references to the obsolete position of Development Review Coordinator; Reassigning the responsibilities and duties of the Development Review Coordinator to the Planning Director or Planning Department Staff; and Amending the time frame in which a letter of Understanding shall be mailed to the applicant. Ordinance No. 008-20 10 amending the land use district map designation from Improved Subdivision (IS) to Suburban Commercial (SC) pursuant to a request by Siever's Marine ,Inc., for property located at Mile Marker 106 in Key Largo (RE #'s 00538170.000000, 00538180.000000, and 00538190.000000). These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on February 17, 2010. Please file for the record. Should you have any questions please feel free to contact me at (305) 295-3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C"'. cc: Growth Management County Attorney via e-mail File U1 IT1 ru ~ r. _~....:;_:....N:,:",,, ., ~ rl~~_.!...r-1; 'or .::t' cO rn Cl CJ CJ Return Rei>' CJ (Endorsement hf !. CJ ..n .-=t .-=t Restricted Del Ii; (Endorsement H. Total postag,e! f I:: Cl Sent To A d i':~~. sfreet. -Apt~Q./' I ~:~~_~_~~~~D City, state,li'__i(,_ :." \ ,to . . . 1'!IIIII!~!lli!! U1 CJ Cl ["- ,;:~~*:~::::~t~ w ~;:::~~;:;~} ;:::::::::::':1'~ ~~::::;::-~::o:::~. ..::~~<:~~ .6~:~C~:~ f.~[' .' pos~\, \ ~ H," jl ~ '" ~ "y#, .' 'Y" ~<{'" 03l0~/2i)10 \':'~ .1 Jative 0 e an IY - e uffdtA~ -- - - -' uu U -.-- -' --.. - - - -. -- - --' --. -. -~. Itn.6 LQ-'1Qll.g~. .~~_~~.E!.~",--,,--,w"'--'" e ,see, Florida 32399-025\ ': N N (J in ;4,\ FLORIDA CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA March 11, 2010 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: KURT S. BROWNING Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes., this will acknowledge receipt of your letter dated Ma,rch 4, 2010 and certinedcopies of Mot1foe County Ordinance Nos. 004...2010 through 008..2010, which were filed in this office on March 9, 2010. Sincerely, ~~& Liz Cloud Program Administrator LC/s.rd DIRECTOR'S OFFICE R.A. Gray BUilding · 500 South BroooughStreet . T"lIahassee. Florida 32399.0250 850.245.6600 . FAX; 850.245.6735 . TOO: SSO.922,4,085 . http://d.is.dos.state.n.us COMMUNllY DEVELOPMENT 8S0.24S.6600 . FAX: 850245.6643 STATE UBRARYOF FLORIDA 850.245.6600 . FAX: 850,245.6744 STATE ARCHIVES OF FLORIDA 850.245.6700 . FAX: 850.488,4,894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 AOMINI$TRA TIVE (,ODE ANDWEEKL Y 850.245.6270 . FAX: 850.245.6282 ..,.. 2) C;J I~ r~ f; , , ;~ ::-~,) (-)..~ is';: ~'tM< ;Oq) =c . ":-#):;l.. C) rr; t'''., ~ - c:::t ~ ::0 - 0\ :z. .:c - ..... -. .." - ;- ,." Q .." o .:0 ~ ,.." ("') <:::> .:::0 Q -- CJI FLORIDA DE CHARLIE CRIST Governor STATE LIBRARY AND ARCHIVES OF FLORIDA March 11,2010 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: KUltT..S.8&0....0 Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknoWledge receipt of your letter dated March 4, 2010 and certified copies of Monme County Ordinance Nos. 004-2010 through 008-2010, which were filed in this office on March 9, 2010. Sincerely, ~~& Liz Cloud Program Administrator LC/srd DJRECTOR'S OFFICE R.A. Gray Building · 500 South BrollOugh Stn:et . TllUllhassee, Florida 32399-0250 850.245.6600 · FAX: 850.245.6735 . TOO: 850.922.4085 . http://dUs.dos.$tate.n..us COMMUNITI' DEVELOPMENT 850.245.6600 . FAX; 850.245.6643 STATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 STATE ARCHIVES OF FLORIDA 850.245.6700 . FAX: 850.488.4894 LEGISLATIVE LIBRARY SERVICE 850.488.2812 . FAX: 850.488.9879 RECORDS MANAGEMENT SERVICES 850.245.6750 . FAX: 850.245.6795 ADMJNISTRA TIVE CODE AND WEEKLY 850.245.6270 . FAX; 850.245.6282 ..,... C:J !==t .:~;\.2 :t~ ~ ,;"~' ('~).:t ,," :-T ):> C') f-r-, :;;, --- c::::t ~ ::tI " - r- -- en .. =- -- -- .. n, c::;, .." o .:0 .:0 n, (""') Q =0 t:) -- at DCA Final Order No.: DCAI0-0R-071 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS In re: MONROE COUNTY LAND DEVELOPMENT REGULATIONS ADOPTED BY MONROE COUNTY ORDINANCE NO. 006-2010 -;- g,~~ , ..",' f /--(1 :.:.:; .,_.,'.,. . -r, - 1- m o -" o ;u .:t:IIt ::0 .:x rr, ::: (J .. <:::) :0 o ~ -- c::=t 2at ;g '" O"l / c;'~ :--.- t~ FINAL ORDER . . ~" . ::.~.: g j; --rr c;) /~-_... rr: -- The Department of Community Affairs (the "Department") hereby issues its Final Order, pursuant to 99 380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2009), 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 witJ:1in the Florida Keys Area. 2. On March 15, 2010, the Department received for review Monroe County Ordinance No. 006-2010 ("Ord. 006.;.2010"), adopted by Monroe County on February 17, 2010. 3. Ord. No. 006-2010 amends Section 102-21, Monroe County Code, regarding the Department of Planning; and amends Section 6-55 regarding the Building Department. 4. The purpose ofOrd. No. 006-2010 is to amend Sections 102-21 and 6-55 by updating language related to the administration of the planning department including updating language to reflect that tJte position of development review coordinator has been eliminated, deleting obsolete provisions of the section and amends the duties of the Development Review Committee and moves the duties and responsibilities to the building official to a single location in Chapter 6. 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. 9 380.05(6), Fla. Stat., and 9 380.0552(9), Fla. Stat. (2009). DCA Final Order No.: DCAIO-OR-071 6. Monroe County is a local government within the Florida Keys Area of Critical State Concern. ~ 380.0552, Fla. Stat. (2009) 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. (2009). The regulations adopted by Ord. 006-2010 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), affd, 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. 006-2010 promotes and furthers the following Principles: . (a) To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation. (1) To protect the public health, safety and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique resource. 10. Ord. 006-2010 is consistent with the Principles for Guiding Development as a whole. 11. Ord. 006-2010 furthers the Monroe County Comprehensive Plan. WHEREFORE, IT IS ORDERED that Ord. 006-2010 is found to be consistent with the Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby APPROVED. This Order becomes effective 21 days after publication in the Florida Administrative Weekly unless a petition is filed as described below. 2 DCA Final Order No.: DCAI0-0R-071 DONE AND ORDERED in Tallahassee, Florida. ~J1Uh~ CH EStrAUTHIER, ICP' Director, Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 NOTICE OF ADMINISTRATNE RIGHTS ANY PERSON WHOSE SuBSTANTiAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATNE PROCEEDING ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATNE 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 J\DMINISTRATNE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STA..TUTES, AND CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATNE CODE. IN AN INFORMAL ADMINISTRATNE PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A QUALIFIED REPRESENT ATNE, 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 mSTIFY ITS ACTION OR INACTION. IF YOU DISPUTE ANY ISSUE OF MA TERIAL FACT STATED IN THE AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL ADMINISTRA TNE HEARING BEFORE AN ADMINISTRA TNE LA W JUDGE OF THE DIVISION OF ADMINISTRATNE HEARINGS, PURSUANT 'fO SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA ADMINISTRATNE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATNE, AND YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER. 3 DCA Final Order No.: DCAIO-OR-071 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 ADMINISTRATNE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECENED 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 ADMINISTRATNE CODE. IF AN INFORMAL PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- t 06.301, FLORIDA ADMINISTRA TNE CODE. IF A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH RULE 28- 106.201 (2), FLORIDA ADMINISTRA TNE 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 ADMINISTRA TNE CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING. YOU WANE THE RIGHT TO AN INFORMAL ADMINISTRATNE PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER. CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true ,. ~ct copies have been furnished to the persons listed below by the method indicated this ~y of April, 2010. pUla Ford, ~gency Clerk By U.S. Mail: Honorable Sylvia Murphy Mayor of Monroe County 2798 Overseas Highway Marathon, Florida 33050 Danny L. Kolhage Clerk to the Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 4 DCA Final Order No.: DCAIO-OR-071 Christine Hurley, AICP Growth Management Director 2798 Overseas Highway, Suite 400 Marathon, Florida 33050 By Hand Delivery or Interagency Mail: Craig Diamond, Bureau of State Planning, DCA Tallahassee Rebecca Jetton, ACSC Administrator, DCA Tallahassee Richard E.. Shine, Assistant General Counsel, DCA Tallahassee 5 Page 1 of 1 Pam Hancock From: To: Sent: Subject: <ords@municode.com> <phancock@monroe-clerk.com> Monday, June 14,2010 10:31 AM Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 4 Greetings from Municipal Code Corporation. Below you will 1ind the ordinances we have currently recorded to your account. These ordinances will be codified in your next update, Supplement 4 Document Adopted Date Recorded Recorded Format Ordinance No. 013-2010 4/21/2010 5/25/2010 Hard Copy/Electronic Ordinance No. 014-2010 5/19/2010 5/25/2010 Hard Copy/Electronic Ordinance No. 019-2010 5/19/2010 5/27/2010 Hard Copy/Electronic Ordinance No. 007-2010 2/17/2010 6/10/2010 Hard Copy/Electronic Ordinance No. 006-2010 2/17/2010 6/10/2010 Hard Copy/Electronic Ordinance No. 017-2010 5/19/2010 6/14/2010 Hard Copy/Electronic rt2l ~ You can also a€reGO GREENa€D and reduce the number of supplement copies you receIve or just get a PDF of the supplement to print your own copIes. E:J,......". ir.................~.> '!~>..,.............~~ ~.~...." 'l ('. .~..~.~.:...;. .. ;. 'I.\.".~:.,:~"~ Update the internet version of your Code more often than a printed supplement. We can update the Internet quarterly, monthly, even weekly. We can post newly enacted ordinances in the online Code after each meeting. 6/14/2010