Land Development and Planning Project Files_4216 Intracoastal Dr._20230309_Development Applicatoin No. 22-0010TRANSMITTAL FORM
REPORT OF REVIEW &
ACTION BY PLANNING BOARD
Transmit to: Town Planner Ingrid Allen
Building Department
Date: March 13, 2023
Applicant/Owner: Leonard Zelin
Property Address: 4216 Intracoastal Drive, Highland Beach, FL 33487
Property Control Number: 24-43-47-04-02-004-0230
Application No. 22-0010
Preliminary Review:
Final Review: for a special exception approval to install a 13,000-pound
capacity lift.
Amended Site Plan Review
Other
AT THE March 09, 2023, MEETING, THE PLANNING BOARD REVIEWED THE ABOVE MATTER
PURSUANT TO CHAPTER 30 OF THE TOWN CODE OF ORDINANCES, AND HEREBY CERTIFIES
THAT THE FOLLOWING ACTION WAS TAKEN:
Denied
Recommendation to Approve
Approved with Modifications (as noted)
Other:
PLEASE TAKE WHATEVER ACTION IS REQUIRED TO COMPLETE THE SUBJECT MATTER, I.E.,
ISSUE PERMIT, TRANSMIT TO TOWN COMMISSION, RETURN TO APPLICANT, ETC.
IF THE ABOVE PLANS WERE DENIED OR APPROVED WITH MODIFICATIONS, PLEASE NOTE THE
BOARD’S FINDINGS:
MOTION: DeMoss/Chudnofsky - Moved to approve (Development Order No. 22-
0010). The motion passed unanimously 4 to 0.
CLERK’S OFFICE USE ONLY:
Transmitted to the Building Department: 03/13/2023.
REVIEW GIVEN TO SUBJECT PROPERTY
File Attachments for Item:
C. Development Application No. 22-0010 / Leonard Zelin
Application By Akbar Mondal Nunez, Boat Lifts & Docks of South Florida, for a special
exception approval to install a 13,000-pound capacity boat lift for the property located
at 4216 Intracoastal Drive.
Page 182
PLANNING BOARD
STAFF REPORT
MEETING OF: March 9, 2023
TO: PLANNING BOARD
FROM: INGRID ALLEN, TOWN PLANNER
SUBJECT: APPLICATION BY AKBAR MONDAL NUNEZ, BOAT LIFTS &
DOCKS OF SOUTH FLORIDA, FOR A SPECIAL EXCEPTION
APPROVAL TO INSTALL A 13,000 POUND CAPACITY BOAT
LIFT FOR A PROPERTY LOCATED AT 4216 INTRACOASTAL
DRIVE (DO#22-0010)
Applicant (Property Owner): Leonard Zelin
4216 Intracoastal Drive
Highland Beach, Fl. 33487
Applicant’s Agent: Akbar Mondal Nunez
Boat Lifts & Docks of South Florida
989 Northwest 31 Avenue
Pompano Beach, Fl. 33060
Property Characteristics:
Comprehensive Plan Land Use: Single Family
Zoning District: RS, Residential Single Family
Parcel PCN#: 24-43-47-04-02-004-0230
I. GENERAL INFORMATION:
HIGHLAND BEACH BUILDING DEPARTMENT
3614 S. Ocean Boulevard
Highland Beach, FL 33487
Ph: (561) 278-4540
Fx: (561) 265-3582
Page 183
Request and Analysis:
The Applicant is proposing to install a four (4) post, 13,000 pound capacity boat lift at the property
located at 4216 Intracoastal Drive.
The Applicant has obtained Florida Department of Environmental Protection (FDEP ) (File No. 50-
152067-006-EE) and US Army Corps of Engineers (File No. SAJ -2011-02027(GP-JLA)
authorizations for the proposed boat lift .
Pursuant to Section 30-68(g)(6)d.1. of the Town Code, the Applicant’s request is in compliance
with the required 25 -foot side yard setback for boatlifts located in a Single -family zoning district.
According to the Applicant’s boat lift detail (sheet DET), the top of the lift measures four (4) feet
from the existing dock. The Applicant has not dimensioned the superstructure components of the
boat on the lift detail (this is not a requirement of the Town Code). That said and at the request of
staff, the Applicant has included on sheet DET, a note referencing the boat lift definition found in
Section 30-131 of the Town Code which is as follows:
Boat lifts means the bottom of the keel of any boat shall not be hoisted greater than one foot
above the minimum seawall elevation. In no case shall the lift be higher than the
superstructure of the boat when lifted.
Section 30-68(h)(1)a. of the Town Code, states that the installation of a boat lift shall be subject to
special exception approval by the Planning Board at an advertised public hearing. Section 30-36(a)
of the Town code states that if the Planning Board is the final authority on the special exception,
then it shall approve, approve with conditions, or deny the application.
Following an approval by the Planning Board and prior to initiation of construction, the Applicant
will be required to obtain a building permit from the Town of Highland Beach Building
Department. Pursuant to Section 30-21(g) of the Town Code, commencement of construction shall
be initiated within two (2) years following the date of approval by the Planning Board.
Staff has reviewed the Applicant’s proposed request including plans date stamped received by the
Building Department on January 31, 2023 and finds that the project is consistent with the Zoning
Code (Chapter 30) including the special exception criteria of Section 30-36, were applicable, and
the Town Comprehensive Plan.
Should you have any questions, please feel free to contact me at (561) 637-2012 or
iallen@highlandbeach.us
Ingrid Allen
Town Planner
Page 184
Attachments: Application
Aerials
FDEP correspondence
ACOE authorization
Applicant Plans
Page 185
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1:1,12 8
Crea te d b y: P alm Beach Co untyµPage 188
Subject Site
4216 Intracoastal Drive
Page 189
www.floridadep.gov
FLORIDA DEPARTMENT O F
Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600
Ron DeSantis
Governor
Jeanette Nuñez
Lt. Governor
Shawn Hamilton
Secretary
June 23, 2022
Leonard Zelin
4216 Intracoastal Dr,
Highland Beach, FL 33487
Sent via e-mail: lbz60@aol.com
Re: File No.: 50-152067-006-EE
File Name: Zelin Lenny Boat Lift 25
Dear Mr. Zelin:
On June 15, 2022, we received your request for verification of exemption to install a boatlift. The
project is located in the Intracoastal Waterway, Class III Waters, adjacent to 4216 Intracoastal Dr,
Highland Beach (Section 4, Township 47 South, Range 43 East), in Palm Beach County (Latitude
N 26°24'2.8953", Longitude W 80°4'7.7272").
Your request has been reviewed to determine whether it qualifies for (1) regulatory exemption, (2)
proprietary authorization (related to state-owned submerged lands), and (3) federal approval that
may be necessary for work in wetlands or waters of the United States.
Your project did not qualify for the federal authorization of this verification request. Additional
authorization must be obtained prior to commencement of the proposed activity. This letter
does not relieve you from the responsibility of obtaining other federal, state, or local authorizations
that may be required for the activity. Please refer to the specific section(s) dealing with that portion
of the review below for advice on how to proceed.
If you change the project from what you submitted, the authorization(s) granted may no longer
be valid at the time of commencement of the project. Please contact us prior to beginning your
project if you wish to make any changes.
If you have any questions regarding this matter, please contact Ingrid Fuquene at the letterhead
address or at 561-681-6600, Ingrid.Fuquene@FloridaDEP.gov .
Page 190
File No.: 50-152067-006-EE
File Name: Zelin Lenny Boat Lift 25
Page 2 of 5
1. Regulatory Review – VERIFIED
Based on the information submitted, the Department has verified that the activity as proposed is
exempt under Chapter 62-330.051(5)(h), Florida Administrative Code, the need to obtain a
regulatory permit under Part IV of Chapter 373 of the Florida Statutes.
This exemption verification is based on the information you provided the Dep artment and the
statutes and rules in effect when the information was submitted. This verification may not be valid
if site conditions materially change, the project design is modified, or the statutes or rules
governing the exempt activity are amended. In the event you need to re-verify the exempt status
for the activity, a new request and verification fee will be required. Any substantial modifications
to the project design should be submitted to the Department for review, as changes may result in
a permit being required.
2. Proprietary Review- NOT REQUIRED
The activity does not require further authorization under chapter 253 of the Florida Statutes, or
chapters 18-20 or 18-21 of the Florida Administrative Code.
3. Federal Review - NOT APPROVED
Your proposed activity as outlined on your application and attached drawings does not qualify for
Federal authorization pursuant to the State Programmatic General Permit and a SEPARATE
permit or authorization shall be required from the Corps. You must apply separately to the Corps
using the Application for Department of the Army Permit (ENG 4345) or alternative as allowed
by Corps regulations. More information on Corps permitting may be found online in the
Jacksonville District Regulatory Division Sourcebook:
(https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/).
Authority for review - an agreement with the USACOE entitled “Coordination Agreement
Between the U. S. Army Corps of Engineers (Jacksonville District) and the Florida Department of
Environmental Protection (or Duly Authorized Designee), State Programmatic General Permit”,
Section 10 of the Rivers and Harbor Act of 1899, and Section 404 of the Clean Water Act.
Additional Information
Please retain this letter. The activities may be inspected by authorized state personnel in the future
to ensure compliance with appropriate statutes and administrative codes. If the activities are not
in compliance, you may be subject to penalties under Chapter 373, F.S., and Chapter 18-14, F.A.C.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition
for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the
deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not
be final and effective until further order of the Department. Because the administrative hearing
process is designed to formulate final agency action, the hearing process may result in a
modification of the agency action or even denial of the application.
Page 191
File No.: 50-152067-006-EE
File Name: Zelin Lenny Boat Lift 25
Page 3 of 5
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department’s action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rules
28-106.201 and 28-106.301, F.A.C., a petition for an administrative hearing must contain the
following information:
(a) The name and address of each agency affected and each agency’s file or identification
number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number
of the petitioner, if the petitioner is not represented by an attorney or a qualified
representative; the name, address, and telephone number of the petitioner’s
representative, if any, which shall be the address for service purposes during the course of
the proceeding; and an explanation of how the petitioner’s substantial interests will be
affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must
so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the
petitioner contends warrant reversal or modification of the agency’s proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal
or modification of the agency’s proposed action, including an explanation of how the
alleged facts relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the
petitioner wishes the agency to take with respect to the agency’s proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000,
or via electronic correspondence at Agency_Clerk@dep.state.fl.us. Also, a copy of the petition
shall be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filing a Petition
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the
applicant and persons entitled to written notice under Section 120.60(3), F.S., must be filed within
21 days of receipt of this written notice. Petitions filed by any persons other than the applicant,
and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within
21 days of publication of the notice or within 21 days of receipt of the written notice, whichever
occurs first. You cannot justifiably rely on the finality of this decision unless notice of this decision
and the right of substantially affected persons to challenge this decision has been duly published
or otherwise provided to all persons substantially affected by the decision. While you are not
required to publish notice of this action, you may elect to do so pursuant Rule 62-110.106(10)(a).
The failure to file a petition within the appropriate time period shall constitute a waiver of that
person's right to request an administrative determination (hearing) under Sections 120.569 and
120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent
intervention (in a proceeding initiated by another party) will be only at the discretion of the
presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. If you
Page 192
File No.: 50-152067-006-EE
File Name: Zelin Lenny Boat Lift 25
Page 4 of 5
do not publish notice of this action, this waiver will not apply to persons who have not received
written notice of this action.
Extension of Time
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the
Department’s action may also request an extension of time to file a petition for an administrative
hearing. The Department may, for good cause shown, grant the request for an extension of
time. Requests for extension of time must be filed with the Office of General Counsel of the
Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000,
or via electronic correspondence at Agency_Clerk@dep.state.fl.us, before the deadline for filing a
petition for an administrative hearing. A timely request for extension of time shall toll the running
of the time period for filing a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
FLAWAC Review
The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275, F.S., may
also seek appellate review of this order before the Land and Water Adjudicatory Commission
under Section 373.114(1) or 373.4275, F.S. Requests for review before the Land and Water
Adjudicatory Commission must be filed with the Secretary of the Commission and served on the
Department within 20 days from the date when this order is filed with the Clerk of the Department.
Judicial Review
Once this decision becomes final, any party to this action has the right to seek judicial review
pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of
Appellate Procedure 9.110 and 9.190 with the Clerk of the Department in the Office of General
Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by
filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate
district court of appeal. The notice must be filed within 30 days from the date this action is filed
with the Clerk of the Department.
Page 193
File No.: 50-152067-006-EE
File Name: Zelin Lenny Boat Lift 25
Page 5 of 5
EXECUTION AND CLERKING
Executed in West Palm Beach, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
_________________________________
Jeffrey L. Meyer
Environmental Administrator
Southeast District
Enclosures:
Attachment A: Specific Exemption Rule(s)
Project drawings, 4 pages
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby certifies that this document and all
attachments were sent on the filing date below to the following listed persons:
FDEP – Jeff Meyer, Ingrid Fuquene
Steve Garbutt, Boatlifts & Docks of South Florida, docksandlifts@gmail.com
Additional mailings:
Matt Mitchell, Palm Beach County, Environmental Resources, mmitchell@pbcgov.org
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
June 24, 2022
Clerk Date
Page 194
Attachment A
62-330.051 Exempt Activities.
The activities meeting the limitations and restrictions below are exempt from permitting. However, if located in, on,
or over state-owned submerged lands, they are subject to a separate authorization under chapters 253 and 258, F.S.,
as applicable.
(5) Dock, Pier, Boat Ramp and Other Boating-related Work ‒
(h) The installation of a pile-supported boat lift within an existing mooring area at a docking facility that is legally
in existence, provided:
1. Such installation does not conflict with a condition of a permit issued thereunder;
2. The boat lift does not include additional structures, such as platforms, cat walks, and roofs.
Page 195
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48
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Property Line
9'
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2
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8'
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1
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11
"
Pilings aligned with
the existing dock
INTRACOASTAL WATERWAY
300' R/W CANAL
N
EXISTING BOAT LIFT
TO REMAIN
6"
6"
11
'
-
7
"
Existing concrete dock
and pilings to remain
New Installation 13000lb
4-Post Boat Lift mounted
on (4) new 12" dia pilings
Turbidity barriers
are to surround
all in water
7'
-
5
"
25'-2"32'-4"
95'
12'-6"57'-6"25'
side setback
20
'
ma
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f
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Existing Wetface
to remain
General Notes:
1.New Installation 13000lb 4-Post Boat Lift mounted on (4) new 12" dia. wood pilings.
2.Turbidity barriers are to surround all in water construction areas during piling and/or panel installation activities.
3.Elevations shown are based on the North American Vertical Datum of 1988.
4.Design in accordance with 2020 7th Edition of the Florida Building Code.
5.Construction methods, procedures, and sequences are the responsibility of the Contractor. The Contractor
shall take the necessary means to maintain and protect the structural integrity and serviceability of the
construction at all times.
6.Any discrepancies found for any circumstance between the structural plans and the existing conditions found
on site and/or any conditions that were omitted on the plans will be the responsibility of the Contractor to
immediately bring to the attention of the Engineer of Record.
7.Existing conditions are unknown, therefore, worst case conditions have been approximated. all existing
conditions are assumed and must be confirmed by the gc after permitting.
8. Engineer's Limitations of Responsibility: The Engineer shall not be responsible for the quality or composition
of materials, fabrications, construction inspection, supervision, or review, special inspection, or the quality
and correctness of construction unless the appropriate submissions, reports, approvals, inspections, site visit,
construction review, or special inspections are performed by the Engineer or his representative as required
herein, and then only such responsibility as is associated with the specific work performed as is commonly
assigned a structural engineer in relation to other engineering and construction disciplines associated with
the project.
9. The Engineer shall not be responsible for site and construction safety and/or the safety of construction
workers. Site and construction safety is the responsibility of the Contractor. The Contractor shall be
responsible for the safety of his employees and the safety of the employee of all subcontractors to the project.
10. Engineer's Statement of Compliance: To the best of the Engineer's knowledge, the structural plans and
specifications presented herein comply with the applicable minimum building codes, standards, and practices.
SITE PLAN
SCALE: 1/8" = 1'-0"
SP
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Drawn by: Del Ry
Checked by:
Date: 04/05/2022
Job No.: 22-013
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Permit Number
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LOT 23
BLOCK 4
RESIDENCE
# 4216
LOT 22 LOT 24
12
5
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12
5
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0
0
'
95.00'
95.00'
INTRACOASTAL DRIVE
21' ASPHALT ROADWAY 50' RIGHT-OF-WAY ℄
INTRACOASTAL WATERWAY
300' R/W CANAL
N
CONCRETE DOCK TO REMAIN
BOAT LIFT
25'-2"44'-9"25'-1"
95'
Wetface
Pr
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Property Line
Pr
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Property Line
POOL
4'
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5
"
36
"
9'
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2
"
8'
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1
"
11
"
EXISTING CONDITIONS
SCALE: 1" = 20'-0"
EC
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Drawn by: Del Ry
Checked by:
Date: 04/05/2022
Job No.: 22-013
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Southeast District
Permit Number
50-152067-006-EE
Page 197
LOT 23
BLOCK 4
RESIDENCE
# 4216
48
"
36
"
Property Line
Pr
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Pr
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L
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POOL
9'
-
2
"
8'
-
1
"
11
"
Pilings aligned with
the existing dock
INTRACOASTAL WATERWAY
300' R/W CANAL
N
EXISTING BOAT LIFT
TO REMAIN
6"
6"
11
'
-
7
"
Existing concrete dock
and pilings to remain
New Installation 13000lb
4-Post Boat Lift mounted
on (4) new 12" dia pilings
Turbidity barriers
are to surround
all in water
7'
-
5
"
25'-2"32'-4"
95'
12'-6"57'-6"25'
side setback
20
'
ma
x
.
f
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Existing Wetface
to remain
PROPOSED CONDITIONS
SCALE: 1" = 10'-0"
PC
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Drawn by: Del Ry
Checked by:
Date: 04/05/2022
Job No.: 22-013
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Southeast District
Permit Number
50-152067-006-EE
Page 198
Existing berm
to remain
Existing Concrete Dock
to remain
Existing grade
to remain
Property Line
Existing Concrete
Seawall Cap to remain
MLW +0.15' NAVD
MHW +2.34' NAVD
Wetface to remain
Existing Batter
piling to remain
Existing
Wetface
to remain
4'
New 12" dia.
wood piling
+6.0' NAVD
Non-structural finish
per owner's selection
36"
11"25"
25"
7'-5"6"11''-07"6"
20'
from wetface
New Installation 13000lb
4-Post Boat Lift mounted on
(4) new 12" dia wood pilings
New 12" dia.
wood piling
Existing concrete
piling to remain
NOTE: SEE MANUFACTURER'S
DRAWINGS FOR STRUCTURAL
DETAILS ON LIFT
OVERHANG
DET
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4-POST BOAT LIFT DETAIL
SCALE: 1/4"=1"-0"
Drawn by: Del Ry
Checked by: WS
Date: 04/05/2022
Job No.: 22-013
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Permit Number
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Sold To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Bill To:
Town of Highland Beach - CU00398185
3614 So. Ocean Blvd.
Highland Beach,FL 33487
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11720-Notice of Public Meeting ,
Was published in said newspaper by print in the issues of, or by publication on the
newspaper¶s website, if authorized on Feb 27, 2023
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: February 28, 2023.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: jdehart@highlandbeach.us
7379349
SUN-SENTINEL
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Order # - 7379349
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