1380.0552 Florida Keys Area; protection and designation as area of critical state concern.—
(1) SHORT TITLE.—This section may be cited as the “Florida Keys Area Protection Act.”
(2) LEGISLATIVE INTENT.—It is the intent of the Legislature to:
(a) Establish a land use management system that protects the natural environment of the Florida Keys.
(b) Establish a land use management system that conserves and promotes the community character of the Florida Keys.
(c) Establish a land use management system that promotes orderly and balanced growth in accordance with the capacity of available and planned public facilities and services.
(d) Provide affordable housing in close proximity to places of employment in the Florida Keys.
(e) Establish a land use management system that promotes and supports a diverse and sound economic base.
(f) Protect the constitutional rights of property owners to own, use, and dispose of their real property.
(g) Promote coordination and efficiency among governmental agencies that have permitting jurisdiction over land use activities in the Florida Keys.
(h) Promote an appropriate land acquisition and protection strategy for environmentally sensitive lands within the Florida Keys.
(i) Protect and improve the nearshore water quality of the Florida Keys through federal, state, and local funding of water quality improvement projects, including the construction and operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(l) and 403.086(11), as applicable.
(j) Ensure that the population of the Florida Keys can be safely evacuated.
(3) RATIFICATION OF DESIGNATION.—The designation of the Florida Keys Area as an area of critical state concern, the boundaries of which are described in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, is hereby ratified.
(4) REMOVAL OF DESIGNATION.—
(a) The designation of the Florida Keys Area as an area of critical state concern under this section may be recommended for removal upon fulfilling the legislative intent under subsection (2) and completion of all the work program tasks specified in rules of the Administration Commission.
(b) Beginning November 30, 2010, the state land planning agency shall annually submit a written report to the Administration Commission describing the progress of the Florida Keys Area toward completing the work program tasks specified in commission rules. The land planning agency shall recommend removing the Florida Keys Area from being designated as an area of critical state concern to the commission if it determines that:
1. All of the work program tasks have been completed, including construction of, operation of, and connection to central wastewater management facilities pursuant to s. 403.086(11) and upgrade of onsite sewage treatment and disposal systems pursuant to s. 381.0065(4)(l);
2. All local comprehensive plans and land development regulations and the administration of such plans and regulations are adequate to protect the Florida Keys Area, fulfill the legislative intent specified in subsection (2), and are consistent with and further the principles guiding development; and
3. A local government has adopted a resolution at a public hearing recommending the removal of the designation.
(c) After receipt of the state land planning agency report and recommendation, the Administration Commission shall determine whether the requirements have been fulfilled and may remove the designation of the Florida Keys as an area of critical state concern. If the commission removes the designation, it shall initiate rulemaking to repeal any rules relating to such designation within 60 days. If, after receipt of the state land planning agency’s report and recommendation, the commission finds that the requirements for recommending removal of designation have not been met, the commission shall provide a written report to the local governments within 30 days after making such a finding detailing the tasks that must be completed by the local government.
(d) The Administration Commission’s determination concerning the removal of the designation of the Florida Keys as an area of critical state concern may be reviewed pursuant to chapter 120. All proceedings shall be conducted by the Division of Administrative Hearings and must be initiated within 30 days after the commission issues its determination.
(e) After removal of the designation of the Florida Keys as an area of critical state concern, the state land planning agency shall review proposed local comprehensive plans, and any amendments to existing comprehensive plans, which are applicable to the Florida Keys Area, the boundaries of which were described in chapter 28-29, Florida Administrative Code, as of January 1, 2006, for compliance as defined in s. 163.3184. All procedures and penalties described in s. 163.3184 apply to the review conducted pursuant to this paragraph.
(f) The Administration Commission may adopt rules or revise existing rules as necessary to administer this subsection.
(5) APPLICATION OF THIS CHAPTER.—Section 380.05(1)-(5), (9)-(11), (15), (17), and (21) shall not apply to the area designated by this section for so long as the designation remains in effect. Except as otherwise provided in this section, s. 380.045 shall not apply to the area designated by this section. All other provisions of this chapter shall apply, including s. 380.07.
(6) RESOURCE PLANNING AND MANAGEMENT COMMITTEE.—The Governor, acting as the chief planning officer of the state, shall appoint a resource planning and management committee for the Florida Keys Area with the membership as specified in s. 380.045(2). Meetings shall be called as needed by the chair or on the demand of three or more members of the committee. The committee shall:
(a) Serve as a liaison between the state and local governments within Monroe County.
(b) Develop, with local government officials in the Florida Keys Area, recommendations to the state land planning agency as to the sufficiency of the Florida Keys Area’s comprehensive plan and land development regulations.
(c) Recommend to the state land planning agency changes to state and regional plans and regulatory programs affecting the Florida Keys Area.
(d) Assist units of local government within the Florida Keys Area in carrying out the planning functions and other responsibilities required by this section.
(e) Review, at a minimum, all reports and other materials provided to it by the state land planning agency or other governmental agencies.
(7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional, and local agencies and units of government in the Florida Keys Area shall coordinate their plans and conduct their programs and regulatory activities consistent with the principles for guiding development as specified in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, which is adopted and incorporated herein by reference. For the purposes of reviewing the consistency of the adopted plan, or any amendments to that plan, with the principles for guiding development, and any amendments to the principles, the principles shall be construed as a whole and specific provisions may not be construed or applied in isolation from the other provisions. However, the principles for guiding development are repealed 18 months from July 1, 1986. After repeal, any plan amendments must be consistent with the following principles:
(a) Strengthening local government capabilities for managing land use and development so that local government is able to achieve these objectives without continuing the area of critical state concern designation.
(b) Protecting shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance, and replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities; the installation and proper operation and maintenance of onsite sewage treatment and disposal systems; and other water quality and water supply projects, including direct and indirect potable reuse.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss. 381.0065(4)(l) and 403.086(11), as applicable, and by directing growth to areas served by central wastewater treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
(l) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida Keys as a unique Florida resource.
(8) COMPREHENSIVE PLAN ELEMENTS AND LAND DEVELOPMENT REGULATIONS.—The comprehensive plan elements and land development regulations approved pursuant to s. 380.05(6), (8), and (14) shall be the comprehensive plan elements and land development regulations for the Florida Keys Area.
(9) MODIFICATION TO PLANS AND REGULATIONS.—
2(a) Any land development regulation or element of a local comprehensive plan in the Florida Keys Area may be enacted, amended, or rescinded by a local government, but the enactment, amendment, or rescission becomes effective only upon approval by the state land planning agency. The state land planning agency shall review the proposed change to determine if it is in compliance with the principles for guiding development specified in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, and must approve or reject the requested changes within 60 days after receipt. Amendments to local comprehensive plans in the Florida Keys Area must also be reviewed for compliance with the following:
1. Construction schedules and detailed capital financing plans for wastewater management improvements in the annually adopted capital improvements element, and standards for the construction of wastewater treatment and disposal facilities or collection systems that meet or exceed the criteria in s. 403.086(11) for wastewater treatment and disposal facilities or s. 381.0065(4)(l) for onsite sewage treatment and disposal systems.
2. Goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than 24.5 hours. The hurricane evacuation clearance time shall be determined by a hurricane evacuation study conducted in accordance with a professionally accepted methodology and approved by the state land planning agency. For purposes of hurricane evacuation clearance time:
a. Mobile home residents are not considered permanent residents.
b. The City of Key West Area of Critical State Concern established by chapter 28-36, Florida Administrative Code, shall be included in the hurricane evacuation study and is subject to the evacuation requirements of this subsection.
(b) The state land planning agency, after consulting with the appropriate local government, may, no more than once per year, recommend to the Administration Commission the enactment, amendment, or rescission of a land development regulation or element of a local comprehensive plan. Within 45 days following the receipt of such recommendation, the commission shall reject the recommendation, or accept it with or without modification and adopt it by rule, including any changes. Such local development regulation or plan must be in compliance with the principles for guiding development.
1Note.—Section 7, ch. 2006-223, provides that “[i]f the designation of the Florida Keys Area as an area of critical state concern is removed, the state shall be liable in any inverse condemnation action initiated as a result of Monroe County land use regulations applicable to the Florida Keys Area as described in chapter 28-29, Florida Administrative Code, and adopted pursuant to instructions from the Administration Commission or pursuant to administrative rule of the Administration Commission, to the same extent that the state was liable on the date the Administration Commission determined that substantial progress had been made toward accomplishing the tasks of the work program as defined in s. 380.0552(4)(c), Florida Statutes. If, after the designation of the Florida Keys Area as an area of critical state concern is removed, an inverse condemnation action is initiated based upon land use regulations that were not adopted pursuant to instructions from the Administration Commission or pursuant to administrative rule of the Administration Commission and in effect on the date of the designation’s removal, the state’s liability in the inverse condemnation action shall be determined by the courts in the manner in which the state’s liability is determined in areas that are not areas of critical state concern. The state shall have standing to appear in any inverse condemnation action.”
2Note.—Section 22, ch. 2025-190, provides that “[t]he Department of Commerce shall conduct baseline modeling scenarios and gather data in order to determine a number of building permit allocations to be distributed in the Florida Keys Area based upon the hurricane evacuation clearance time provided in s. 380.0552(9)(a), Florida Statutes, as amended by this act. The permit allocations must be distributed to counties and municipalities based on the number of vacant buildable lots within each jurisdiction. The permit allocations must be distributed over a period of at least 10 years but may not exceed 900 total permit allocations. All permits must be issued for vacant, buildable parcels, of which only one may be awarded for any individual parcel, and the distribution of which must prioritize allocations for owner-occupied residences, affordable housing, and workforce housing.”
...he specific type of wastewater treatment facility or measures required to be used within [its] boundaries"). In 1979, the Florida Keys were designated as an "area of critical state concern" pursuant to the Florida Keys *1052 Area Protection Act. See § 380.0552(3), Fla....
...Thus, the underlying statutory framework clearly placed an initial burden upon the state to show that an adverse impact would result if the permit were granted. In contrast, the instant case involves an area of critical state concern which falls under the statutory framework of sections 380.05 and 380.0552, Florida Statutes (1987)....
...an area of critical state concern will have an adverse impact if the development is not in accordance with chapter 380. The Legislature designated the Florida Keys Area as an area of critical state concern in the "Florida Keys Area Protection Act." § 380.0552(1), Fla. Stat. (1987). Pursuant to the Act, the enactment, amendment, or rescission of any land development regulation or element of a local comprehensive plan in the Florida Keys Area only becomes effective upon approval by the Department. § 380.0552(9), Fla....
...Thus, the Legislature has also statutorily determined that development in the Florida Keys Area will have an adverse impact if not in accordance with chapter 380, the local development regulations, and the local comprehensive plan. However, unlike the statutory framework at issue in Estuary Properties, neither section 380.0552 nor section 380.05 addresses which party carries the burden in a section *835 380.07 proceeding....
...violative of the Monroe County Land Development Regulations and Comprehensive Plan." Thus, the Department was the party asserting the affirmative that the development orders were not in accordance with chapter 380 as required by sections 380.05 and 380.0552....
...tion of the appeal process. [2] Section 380.07(3), Florida Statutes (1987), provides in pertinent part: Prior to issuing an order, the Florida Land and Water Adjudicatory Commission shall hold a hearing pursuant to the provisions of chapter 120. [3] Section 380.0552, Florida Statutes (1987), designates the Florida Keys Area as an area of critical state concern....
...The Department of Community Affairs ("DOCA") appealed the County's decision pursuant to DOCA's authority over areas of critical state concern. § 380.07(2), Fla. Stat. (1993). The Moorman lot sits in an area designated as a "critical state concern" in 1979. [1] § 380.0552, Fla....
Cited 4 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22900537
...The Landowners own parcels of undeveloped land that were platted and recorded in Monroe County between April 24, 1924 and June 27, 1971. During this time, local subdivision plat law governed the development of land. In 1979, the Florida Legislature enacted Section 380.0552 and designated Monroe County as an area of critical state concern....
...Furthermore, the purpose of Chapter 380 is to protect the natural resources and environment of the state, preserve water resources, and facilitate orderly and well planned development. See Compass Lake Hills Dev. Corp. v. Dep't of Cmty. Affairs, 379 So.2d 376 (Fla. 1st DCA 1980); § 380.0552, Fla....
...motes and supports a diverse and sound economic base; protects the constitutional rights of property owners to own, use and dispose of their real property and; promotes coordination and efficiency among governmental agencies in the Florida Keys. See § 380.0552, Fla....
Cited 3 times | Published | Florida 3rd District Court of Appeal
...000 acres, half of which is developed and half of which has been dedicated to wilderness. "20. The subject property as well as the entire Ocean Reef Development is part of an Area of Critical State Concern previously designated on July 1, 1979 under Section 380.0552, Florida Statutes, and subject to Chapters 27F-8 and 27F-9, Florida Administrative Code....
...Co., Inc., 396 So.2d 778 (Fla. 1st DCA 1981). "The property involved in this case, which is the subject of the application for a permit to develop a golf driving range, is located in that portion of Monroe County designated as an Area of Critical State Concern. Section 380.0552, Florida Statutes....
Cited 2 times | Published | Florida 3rd District Court of Appeal | 1993 WL 482186
...The resolution of this issue requires us to seek a harmonious balance between the constitutional right to protect and develop one's property and the right of the Key Deer to exist unfettered. In deciding this issue, we must review the statutory and regulatory framework. Section 380.0552, Florida Statutes (1991), designates the Florida Keys as an area of critical state concern....
...The statute's intent was to establish, inter alia, "a land use management system that protects the natural environment of the Florida Keys" and protects "the constitutional rights of property owners to own, use, and dispose of their real property." § 380.0552(2)(a), (2)(f), Fla....
...nty Ordinance No. 004-1997 is valid under Florida law and consistent with the Principles of Guiding Development for the Florida Keys area of critical state concern, as required by Fla. Stat. § 380.04. The Third District further held that Fla. Stat. § 380.0552(7) does not constitute an unconstitutional delegation of legislative authority to the Florida Department of Community Affairs under the Florida Constitution....
...nty Ordinance No. 004-1997 is valid under Florida law and consistent with the Principles of Guiding Development for the Florida Keys area of critical state concern, as required by Fla. Stat. § 380.04. The Third District further held that Fla. Stat. § 380.0552(7) does not constitute an unconstitutional delegation of legislative authority to the Florida Department of Community Affairs under the Florida Constitution....
Cited 2 times | Published | Florida 3rd District Court of Appeal | 1999 WL 565476
...Zepeda, 674 So.2d 765, 766 (Fla.3d DCA 1996); Armesto v. Weidner, 615 So.2d 707, 709 (Fla. 3d DCA 1992); Cohen v. School Bd. of Dade County, Florida, 450 So.2d 1238, 1241 (Fla. 3d DCA 1984). Finally, contrary to the appellants' argument, we conclude that section 380.0552(7), Florida Statutes (1997), is not an unconstitutional delegation of legislative authority to the FDCA where the legislature has set forth twelve specific guidelines for guiding development and has directed that such guidelines are...
...004-1997 (the "Ordinance") is valid under Florida law and consistent with the Principles of Guiding Development for the Florida Keys area of critical state concern, as required by Fla. Stat. § 380.04. The Third District further held that Fla. Stat. § 380.0552(7) does not constitute an unconstitutional delegation of legislative authority to the FDCA under the Florida Constitution....
...1 Hence, their application constituted an invalid ex-ereise of delegated legislative authority. Accordingly, we reverse the Commission’s order and remand the cause for further proceedings to allow application of the legislatively adopted version of the guiding principles. See section 380.0552(1), Fla....
...seaward of the mean high water line. We agree. Section 380.07 creates the Florida Land and Water Adjudicatory Commission, which consists of the Administration Commission, and gives it jurisdiction over any designated area of critical state concern. Section 380.0552(1) designates the boundaries of the Florida Keys Area of Critical State Concern as described in chapter 22F-8, Florida Administrative Code, now chapter 27F-8....
...eview no later than 30 days prior to the next regular session of the Legislature. The Legislature may reject, modify, or take no action relative to the adopted rule. [Emphasis added.] ... See Askew v. Cross Key Waterways, 372 So.2d 913 (Fla.1979). . Section 380.0552(1) provides: The Florida Keys Area, the boundaries of which are described in chapter 22F-8, Florida Administrative Code, is hereby designated an area of critical state concern effective July 1, 1979....
...Chapters 22F-8 through 22F-13, Florida Administrative Code, are hereby adopted and incorporated herein by reference. There shall be appointed a resource planning and management committee as provided in s. 380.-045. It is of no aid to the Department and the Commission that the legislature just recently amended section 380.0552 by adopting the 1984 principles....
...All references to Monroe County’s zoning ordinance are to applicable provisions of the county's previous zoning code, which was in effect through September 14, 1986, and is thus applicable to this dispute. Monroe County has subsequently adopted a new comprehensive land use plan and land development regulations, pursuant to section 380.0552, Florida Statutes (1986)....
...conveyed the property in fee simple to her four adult children twenty-one
years later.
In 1979, the Florida Legislature designated the Florida Keys
archipelago as an “area of critical state concern” in response to a rise in
development. See § 380.0552(1), Fla....
...This designation
4
subjected any enactments, amendments, or rescissions of land development
regulations or elements of a local comprehensive plan in the Florida Keys to
approval by the state land planning agency. See generally § 380.05, Fla.
Stat. (1979); see also § 380.0552(9), Fla....
...The property values of
the residents depend on water quality; their lives depend on timely hurricane
evacuation.
The Florida Legislature designated the Florida Keys as an area of
“critical state concern” in the Florida Keys Area Protection Act. §
380.0552(3), Fla. Stat. It did so not only to protect the Keys’ economy and
ecosystem, but most importantly to “[e]nsure that the population of the
Florida Keys can be safely evacuated” during “hurricanes.” § 380.0552(2)(j),
Fla....
...No hurricane shelters are available in the
Florida Keys for Category 3-5 hurricane storm
events. A system of managed growth was developed
to ensure the ability to evacuate within the 24-hour
evacuation clearance time as required by section
380.0552(9)(a)2., Florida Statutes.
Div....
...with Florida law. While appellants raise several claims,1 we write to address
only the contention that the Comprehensive Plan Amendments fail to
maintain a hurricane evacuation clearance time for permanent residents of
no more than 24 hours, as required by section 380.0552(9)(a)2., Florida
Statutes (2020)....
...consistency” requirement in section 163.3177, Florida Statutes; (2) the two-
phase evacuation plan violates section 163.3177(1)(f)1., Florida Statutes,
because it is not supported by relevant and appropriate data and analysis;
and (3) the Agency erred in interpreting section 380.0552(7), Florida
Statutes, to allow the general “Principles for Guiding Development” to justify
non-compliance with the specific 24-hour evacuation time development cap
in section 380.0552(9)(a)(2).
2
The cities of Marathon and Islamorada are located within the statutorily
designated “Florida Keys Area of Critical State Concern.” In 1984, the City
of Key West was designated an Area of Critical State Concern, pursuant to
2
II. FACTUAL AND PROCEDURAL BACKGROUND
A. The Florida Keys Area Protection Act and the 24-Hour Hurricane
Evacuation Clearance Time Requirement
Section 380.0552, Florida Statutes (2020), is known as the “Florida
Keys Area Protection Act.” First enacted in 1979, the Act designates the
Florida Keys as an Area of Critical State Concern, and expresses a
legislative intent to establish a l...
...Importantly for our purposes, the Legislature also expressed, through this
Act, its intent to:
Provide affordable housing in close proximity to places of
employment in the Florida Keys.
Ensure that the population of the Florida Keys can be safely
evacuated.
§ 380.0552(2)(d) and (j).
In 2006, the Florida Legislature revised the Act, adding a provision that
all amendments to the comprehensive plans in the Florida Keys Area must
Chapter 28-36, Florida Administrative Code. As a result, Marathon and
Islamorada are subject to the requirements of section 380.0552(9)(a)2.,
while Key West is not....
... be reviewed for compliance with the “[g]oals, objectives and policies to
protect public safety and welfare in the event of a natural disaster by
maintaining a hurricane evacuation clearance time for permanent
residents of no more than 24 hours.” § 380.0552(4)(e)2.,3 Fla....
...of the other Keys local governments to stipulate to “input variables and
assumptions, including regional considerations, for utilizing the Florida Keys
3
The language of this provision has remained unchanged since its adoption
in 2006, but in 2010 was renumbered to section 380.0552(9)(a)2.
4
Hurricane Evacuation Model or other models acceptable to the Department
to accurately depict evacuation clearance times for the population of the
Florida Keys.” Fla....
...during the period in which transient units are required to evacuate.”
Nevertheless, any amendments to a comprehensive plan must comply
with the statutory requirement of “maintaining a hurricane evacuation
clearance time for permanent residents of no more than 24 hours.” §
380.0552(9)(a)2., Fla....
...later, a recommended order on remand following a hearing on exceptions
raised to the original order). DEO later issued its Final Order, adopting the
administrative law judge’s recommended order on remand, and determining
that the Comprehensive Plan Amendments do not violate section
380.0552(9)(a)2., and are otherwise in compliance with Florida law....
...al errors in
procedure, incorrect interpretations of law, or the agency abused its
discretion.” Galvan v. Dep't of Health, 285 So. 3d 975, 979 (Fla. 3d DCA
2019) (citing § 120.68, Fla. Stat. (2018)).
IV. DISCUSSION AND ANALYSIS
Section 380.0552(9)(a)2....
...12
residents will be evacuating in both Phase I (the first 24-hour period) and in
Phase II (the second 24-hour period), resulting in a hurricane evacuation
clearance time for permanent residents of more than 24 hours. This violates
section 380.0552(9)(a)2., which unambiguously requires that amendments
to the comprehensive plan “maintain[] a hurricane evacuation clearance time
for permanent residents of no more than 24 hours.” (Emphasis added).
Marathon and Islamora...
...First, the validity of the current comprehensive plans is not before
13
Were we to hold that the Amendments—which provide for mandatory
evacuation of permanent residents over a two-phase, 48-hour period—
comply with section 380.0552(9)(a)2., so too would a three-phase (72-hour),
four-phase (96-hour), or five-phase (120-hour) evacuation plan, all of which
would simply be different in degree—but not different in kind—than the two-
phase evacuation plan unde...
...us, and is beyond our scope of review, which is limited to whether
“[a]mendments to local comprehensive plans in the Florida Keys Area”
comply with the required “hurricane evacuation clearance time for permanent
residents of no more than 24 hours.” § 380.0552(9)(a)2., Fla....
...broadly providing not only for damages but also for a personal representative
to claim those damages”).
V. CONCLUSION
We reverse the final order as to the cities of Marathon and Islamorada
because their Comprehensive Plan Amendments violate section
380.0552(9)(a)2., Florida Statutes (2020), which requires that
“[a]mendments to local comprehensive plans in the Florida Keys ....
...date, Chapter 27F-8, Florida Administrative Code, consisting of amended rules adopted by the Defendant Florida Administration Commission that are presumptively applicable within the Florida Keys Area of Critical State Concern, designated pursuant to Section 380.0552, Florida Statutes (1985)....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
