CopyCited 11 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 178, 2003 Fla. LEXIS 261, 2003 WL 548361
...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....
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DistinguishedSites (2010)phrase: "distinguishing"
CopyCited 6 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 500, 1995 Fla. LEXIS 1556, 1995 WL 568721
...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....
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Cited as authorityBennett (2015)phrase: "rule_authority"
CopyCited 6 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 476, 1993 Fla. LEXIS 1450, 1993 WL 347762
...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....
0 red0 yellow2 green0 procedural
Cited as authorityBannister (1996)phrase: "rule_authority"
CopyCited 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....
0 red0 yellow5 green0 procedural
Cited as authorityBeyer (2013)phrase: "rule_authority"
Cited as authorityCollins (2013)phrase: "rule_authority"
CopyCited 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....
0 red0 yellow3 green0 procedural
Cited as authorityAmbrose (2003)phrase: "rule_authority"
Cited as authorityYoung (1990)phrase: "rule_authority"
CopyCited 2 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 23236, 2002 WL 31958956
...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....
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CopyCited 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....
CopyCited 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...
CopyCited 1 times | Published | District Court, S.D. Florida | 2000 U.S. Dist. LEXIS 9911, 2000 WL 964763
...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....
0 red0 yellow1 green0 procedural
Cited as authorityNeumont (2002)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2455, 1986 Fla. App. LEXIS 10793
...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....
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CopyPublished | District Court of Appeal of Florida | 2017 WL 2350129
“[pjrotect and improve the nearshore water quality.” §
380.0552 (2)(i) & (3), Fla. Stat. In 2001
0 red0 yellow1 green0 procedural
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 556, 1985 Fla. App. LEXIS 12608
Area of Critical State Concern, pursuant to Section
380.0552, Florida Statutes, and in light of all of
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 6, 1990 WL 75
...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)....
CopyPublished | Florida 3rd District Court of Appeal
...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....
CopyPublished | Florida 3rd District Court of Appeal
...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 ....
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 1861, 1986 Fla. App. LEXIS 9510
...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)....
