Department of Economic Opportunity, Departmental  



    DEO Final Order No. DEO-19-034



    ORDINANCE NO. 019-2019




    The Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsections 380.05(6) and 380.0552(9), Florida Statutes, approving land development regulations adopted by Monroe County, Florida, Ordinance No. 019-2019 (the “Ordinance”).


    1.                  The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an area of critical state concern.  Monroe County is a local government within the Florida Keys Area.

    2.                  The Ordinance was adopted by Monroe County on June 19, 2019, and rendered to the Department on August 13, 2019.

    3.                  The Ordinance amends Section 138-24 and Section 139-1 of the Land Development Code to incentivize the development of affordable housing by allowing the issuance of affordable housing allocations to Tier I and Tier III-A designated properties that meet specific criteria.


    4.                  The Department is required to approve or reject land development regulations that are adopted by any local government in an area of critical state concern.  See §§ 380.05(6) and 380.0552(9), Fla Stat.

    5.                  “Land development regulations” include local zoning, subdivision, building, and other regulations controlling the development of land. § 380.031(8), Fla. Stat.  The regulations adopted by the Ordinance are land development regulations.

    6.                     The Ordinance is consistent with the Monroe County Comprehensive Plan generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Policies 101.3.3 and 601.1.4.

    7.                  All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the principles for guiding development for that area.  §§ 380.05(6) and 380.0552(9), Fla Stat. The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in subsection 380.0552(7), Florida Statutes.

    8.                  The Ordinance is consistent with the Principles for Guiding Development as a whole, and specifically complies with the following:

    (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.

    (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.

    (l)          Making available adequate affordable housing for all sectors of the population of the Florida Keys.

    WHEREFORE, IT IS ORDERED that the Department finds that Monroe County Ordinance No. 019-2019 is consistent with the Monroe County Comprehensive Plan and Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby APPROVED.

    This Order becomes effective 21 days after publication in the Florida Administrative Register, unless a petition is timely filed as described in the Notice of Administrative Rights below.

    DONE AND ORDERED in Tallahassee, Florida.

    /s/James D. Stansbury, James D. Stansbury, Chief, Bureau of Community Planning and Growth, Department of Economic Opportunity

    Notice of administrative rights

    Any person whose substantial interests are affected by this order has the opportunity for an administrative proceeding pursuant to section 120.569, Florida statutes, BY FILING A PETITION.

    A petition must be filed with the agency clerk of the department of economic opportunity within 21 calendar days of the date of Filing of the final order as indicated on the certificate of service. A petition is filed when it is received by: Agency Clerk, Department of Economic Opportunity, Office of the general Counsel, 107 East Madison St., MSC 110, Tallahassee, Florida 32399-4128, Fax (850)921-3230,

    You waive the right to any administrative proceeding if you do not file a petition with the agency clerk within 21 calendar days of the date of the filing of the final order.

    For the required contents of a petition challenging agency action, refer to subsections 28-106.104(2), 28-106.201(2), and SECtion 28-106.301, Florida Administrative Code.

    Depending on whether or not material facts are disputed in the petition, a hearing will be conducted pursuant to either section 120.569 and subsection 120.57(1), Florida statutes, or Section 120.569 and subsection 120.57(2), Florida statutes. 

    Pursuant to section 120.573, florida statutes, and chapter 28, part iv, florida administrative code, YOU ARE NOTIFIED THAT mediation is not available.


    I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the following persons by the methods indicated this 9th day of October, 2019.

    /s/ Janay Lovett, Agency Clerk, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL  32399-4128

    By U.S. Mail:

    The Honorable Sylvia Murphy, Mayor, Monroe County, 102050 Overseas Highway, Suite 234, Key Largo, Florida 33037

    Kevin Madok, Clerk, Monroe County, Board of County Commissioners, PO Box 1980, Key West, Florida 33041

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