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2005 Florida Statutes

SECTION 0552
Florida Keys Area; protection and designation as area of critical state concern.
Section 380.0552, Florida Statutes 2005

380.0552  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 hereby declared that the intent of the Legislature is:

(a)  To establish a land use management system that protects the natural environment of the Florida Keys.

(b)  To establish a land use management system that conserves and promotes the community character of the Florida Keys.

(c)  To 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)  To provide for affordable housing in close proximity to places of employment in the Florida Keys.

(e)  To establish a land use management system that promotes and supports a diverse and sound economic base.

(f)  To protect the constitutional rights of property owners to own, use, and dispose of their real property.

(g)  To promote coordination and efficiency among governmental agencies with permitting jurisdiction over land use activities in the Florida Keys.

(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.--The state land planning agency, following July 15, 1990, shall recommend to the Administration Commission the removal of the designation specified in subsection (3) if it determines that all local land development regulations and local comprehensive plans and the administration of such regulations and plans are adequate to protect the Florida Keys Area and continue to carry out the legislative intent incorporated in subsection (2) and are in compliance with the principles for guiding development incorporated in subsection (7). If the Administration Commission concurs with the recommendations of the state land planning agency to remove the designation, it shall, within 45 days of receipt of the recommendation, initiate rulemaking to remove the designation. The state land planning agency shall thereafter make said determination annually, until such time as the designation is removed.

(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 set forth in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, which chapter is hereby adopted and incorporated herein by reference. For the purposes of reviewing 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 no specific provision shall be construed or applied in isolation from the other provisions. However, the principles for guiding development as set forth in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, are repealed 18 months from July 1, 1986. After repeal, the following shall be the principles with which any plan amendments must be consistent:

(a)  To strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives without the continuation of the area of critical state concern designation.

(b)  To protect shoreline and marine resources, including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife, and their habitat.

(c)  To protect 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)  To ensure the maximum well-being of the Florida Keys and its citizens through sound economic development.

(e)  To limit the adverse impacts of development on the quality of water throughout the Florida Keys.

(f)  To enhance natural scenic resources, promote the aesthetic benefits of the natural environment, and ensure that development is compatible with the unique historic character of the Florida Keys.

(g)  To protect the historical heritage of the Florida Keys.

(h)  To protect 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 and disposal facilities;

3.  Solid waste 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)  To limit the adverse impacts of public investments on the environmental resources of the Florida Keys.

(j)  To make available adequate affordable housing for all sectors of the population of the Florida Keys.

(k)  To provide 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.

(l)  To protect the public health, safety, and welfare of the citizens of the Florida Keys and maintain 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.--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 shall become effective only upon the approval thereof 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 set forth in chapter 27F-8, Florida Administrative Code, as amended effective August 23, 1984, and shall either approve or reject the requested changes within 60 days of receipt thereof. Further, the state land planning agency, after consulting with the appropriate local government, may, no more often than once a 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 by the state land planning agency, the commission shall reject the recommendation, or accept it with or without modification and adopt it, by rule, including any changes. Any such local development regulation or plan shall be in compliance with the principles for guiding development.

History.--s. 6, ch. 79-73; s. 4, ch. 86-170; s. 1, ch. 89-342; s. 641, ch. 95-148.