Department of Economic Opportunity, Division of Community Development  



    Division of Community Development

    Final Order Number DEO-19-032







    ORDINANCE NO. 19-16

    The Florida Department of Economic Opportunity (“Department”) hereby issues its Final Order, pursuant to subsection 380.05(6), Florida Statutes, approving land development regulations adopted by Islamorada, Village of Islands, Florida (“Village”) by Ordinance No. 19-16 (“Ordinance”).


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

    2.                  The Ordinance was adopted by the Village on June 27, 2019, and rendered to the Department on July 30, 2019.

    3.                  The Ordinance amends several sections within Chapter 30, Article V and Article VII of the Village Code relating to landscape standards, sea turtle nesting protections, and environmental standards.

    4.                  The Ordinance amends the following sections relating to landscape standards: Sections 30-812, 30-815, 30-818, 30-821, 30-823, and 30-827. These changes include adding additional bufferyard standards and landscaping requirements for off-street parking. The Ordinance also establishes criteria for the Village to consider when granting tree removal development permits for the removal of native trees.

    5.                  The Ordinance amends the Section 30-1582 to establish temporary barrier requirements for development occurring on a property containing sea turtle nesting areas.

    6.                  The Ordinance amends the following sections relating to environmental standards: Sections 30-1614, 30-1615, 30-1616, and 30-1617. These changes include prohibiting the clearing of hammock for the creation of swales unless waived or limited by the director of planning and development services, requiring the inclusion of a tree survey table within a vegetation survey, and establishing a formula for the appraisal of specimen trees.


    7.                  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. § 380.05(6), Fla. Stat.

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

    9.                  The Ordinance is consistent with the Village’s Comprehensive Plan generally, as required by section 163.3177(1), Florida Statutes, and specifically, Policy 1-4.7.1 entitled Implement Innovative Techniques and Land Development Regulations, Policy 6-1.7.13 entitled Minimize Impacts on the Native Plants, and Policy 5-1.5.2 entitled Protect Sea Turtles from Land Development Activities

    10.              All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent and in compliance with the principles for guiding development for that area.  See § 380.05(6), Fla. Stat. The Principles for Guiding Development for the Village are set forth in section 380.0552(7), Florida Statutes.

    11.              The Ordinance is consistent with the Principles for Guiding Development for the Village as a whole, and specifically furthers 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.

    WHEREFORE, IT IS ORDERED that the Department finds that Ordinance No. 19-16 is consistent with the Village’s Comprehensive Plan and Principles for Guiding Development for the Village and is hereby APPROVED.

    This Final 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 Stansbury, James D. Stansbury, Bureau 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 26th day of September 2019.

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

    By U.S. Mail:

    Deb Gillis, Mayor, Islamorada, Village of Islands, 86800 Overseas Highway, Islamorada, FL 33036

    Kelly S. Toth, Village Clerk, Islamorada, Village of Islands, 86800 Overseas Highway, Islamorada, FL 33036

    Ty Harris, Director of Planning, Planning and Development Services, 86800 Overseas Highway, Islamorada, FL 33036

Document Information