11-004546 Kawama Homeowners Association, Inc. vs. Department Of Economic And Monroe County Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 15, 2011.

Final Order No. DEO-ll-0039

STATE OF FLORIDA

DEPARTMENT OF ECONOMIC OPPORTUNITY

KA WAMA HOMEOWNERS

ASSOCIATION, INC.,

Petitioner,

CASE NO. Il-04546GM

v.

DEPARTMENT OF ECONOMIC

OPPORTUNITY,

Respondent,

and

MONROE COUNTY,

Respondent.

_____________ 1

FINAL ORDER

An Administrative Law Judge of the Division of Administrative Hearings has entered an

Order Relinquishing Jurisdiction to the Department of Economic Opportunity for final action. A

copy of the Order is attached to this Final Order as Exhibit A.

BACKGROUND

This is a proceeding chal1enging the Department of Community Affair's Final Order No.

DCA 11-0R-149, finding Monroe County Ordinance No. 008-2011 consistent with the Principles

for Guiding Development of the Florida Keys Area of Critical State Concern. Section 380.0552,

Florida Statutes.

I

Filed December 1, 2011 1:37 PM Division of Administrative Hearings ! ....-

Final Order No. DEO-ll-0039

Effective October I, 2011, the state land planning agency duties, powers and functions of

the Department of Community Affairs were transferred to the Department of Economic

Opportunity.

The purpose of Ordinance No. 008-2011 is to amend or ratifY the Tier Overlay District

Designations for approximately three hundred-one parcels determined to have a Tier on the Tier

Overlay District Map for Monroe County in accord with the Amended Final Order DCA 07-GM­

166A. Only one parcel identified in Ordinance No. 008-2011, the Molasses Reefparcel,

previously adopted by Final Order No. DCA 11-0R-149, was challenged by Petitioner Kawama

Homeowners Association Inc.

Section 380.05(6), Florida Statues provides that "[n]o proposed land development

regulation within an area of critical state concern becomes effective under this subsection until the

state land planning agency issues its final order or, if the final order is challenged, until the

challenge to the order is resolved pursuant to chapter 120."

Due to the uncertainty with respect to development rights of individual land owners whose

properties were not subject to challenge, the Division of Administrative Hearings Relinquished

Jurisdiction In Part to the Department to issue a final order for the remaining three hundred

parcels, not including the Molasses Reef property. On November 9, 2011, the Department issued

Partial Final Order No. DEO-11-0016 as to parcels of land described in Monroe County

Ordinance 008-2011 for which no challenge was pending.

On November 13, 2011, Petitioner Kawama Homeowners Association Inc., filed a Notice

of Voluntary Dismissal with respect to the Molasses Reefproperty. On November 15, 2011, the

Administrative Law Judge issued an Order Relinquishing Jurisdiction and Closing File. Since the

Final Order No. DEO-ll-0039

Administrative Law Judge Relinquished Jurisdiction to the Department of Economic Opportunity

to take final action, the Department is the appropriate agency to enter a Final Order. Section

380.05(6), Florida Statutes.

ORDER

WHEREFORE, it is ORDERED that the Monroe County Land Development Regulation

identifying the revised Tier Designation for the Molasses Reef property (parcel ID number 000-

90490-00000), adopted by Ordinance No. 008-2011 on May 4, 2011, is consistent with the

Section 380.0552, Florida Statues Principles for Guiding Development in the Florida Keys Area

of Critical State Concern.

DONE AND ORDERED this day in Tallahassee, Florida.

•

DgD ling, Director

DEPAR MENT OF EC NOMIC OPPORTUNITY

407 East Madison Street MSC 110

Tallahassee, Florida 32399"4128

NOTICE OF RIGHTS

EACH PARTY IS HEREBY ADVISED OF ITS RIGHT TO SEEK JUDICIAL REVIEW

OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND

FLORIDA RULES OF APPELLATE PROCEDURE 9.030(b)(1)(C) AND 9.110.

TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE

FILED WITH THE DEPARTMENT'S AGENCY CLERK, 407 EAST MADISON STREET

MSC 110, TALLAHASSEE, FLORIDA 32399-4128, WITHIN 30 DAYS OF THE DAY THIS

ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE

Final Order No. DEO-ll-0039

SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE

PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST BE FILED WITH

THE APPROPRIATE DISTRICT COURT OF APPEAL AND MUST BE ACCOMPANIED BY

THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES.

YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL

IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE

DISTRICT COURT OF APPEAL.

MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH

RESPECT TO THE ISSUES RESOLVED BY THIS ORDER.

CERTIFICATE OF FILING AND SERVICE

I HEREBY CERTIFY that the original of the foregoing has been filed with the

undersigned Agency Clerk of the Department of Economic Opportunity, and that true and P.9JT3l:t

copies have been furnished to the persons listed below in the manner described, on this day

I 7;;>

"Miriam Snipes,

DEPARTMENT OF ECONOMIC OPPORTUNITY

407 East Madison Street MSC 110

Tallahassee, Florida 32399-4128

By U.S. Mail:

Marcie Oppenheimer Nolan, Esq. Derek V. Howard, Esq.

Becker & Poliakoff, P.A. Assistant County Attorney

311 Sterling Road Monroe County's Attorney's Office

Fort Lauderdale, FL. 32314 1111 12 th Street, Suite 408

Key West, FL 33041

By Filing with DOAH:

The Honorable Bram D. E. Canter

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550