JOHN RATHKAMP, INDIVIDUALLY, MONROE COUNTY VACATION RENTAL MANAGERS, INC., A FLORIDA CORPORATION, LOWER KEYS CHAMBER OF COMMERCE, A FLORIDA CORPORATION, AND MARATHON CHAMBER OF COMMERCE, A FLORIDA CORPORATION, APPELLANTS,
v.
DEPARTMENT OF COMMUNITY AFFAIRS AND MONROE COUNTY, APPELLEES
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Florida appellate court affirmed the Department of Community Affairs' finding that Monroe County's 28-day minimum vacation rental ordinance complies with state development principles for the Florida Keys area of critical state concern, rejecting claims of unconstitutional delegation of legislative authority.
Monroe County Ordinance 004-1997 prohibiting vacation rentals for periods less than 28 days is consistent with the Principles of Guiding Development for the Florida Keys area of critical state concern under section 380.04, Florida Statutes.
[1] Section 380.0552(7), Florida Statutes, does not constitute an unconstitutional delegation of legislative authority where the legislature has established specific guidelin…
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Join FLexlaw to unlock all legal intelligenceMonroe County enacted Ordinance 004-1997 prohibiting vacation rentals for periods of less than 28 days in certain unincorporated areas. The FDCA revie…
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PER CURIAM.
The appellants appeal a final order entered by the State of Florida Department of Community Affairs (“FDCA”) finding Monroe County Ordinance number 004-1997, which prohibits vacation rentals for periods of less than twenty-eight days in certain unincorporated areas of Monroe County, to be consistent with the Principles of Guiding Development for the Florida Keys area of critical state concern pursuant to section 380.04, Florida Statutes (1997). After reviewing the record on appeal, we first find that there is competent substantial evidence to support the FDCA’s findings in this regard. See University of Miami v. 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 to be reviewed by the FDCA as a whole in its determination of whether a proposed land development regulation is consistent with the guidelines. For these reasons, the order under review is affirmed.
Affirmed.
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Neumont v. Monroe Cnty., 242 F. Supp. 2d 1265 (S.D. Fla. 2002)…vember 2,1999, the District Court dismissed the Plaintiffs’ Initial Complaint (DE 1) without prejudice and granted Plaintiffs leave to amend, upon the ruling of the Third District Court of Appeal in Rathkamp v. Department of Community Affairs, 740 So.2d 1209 (Fla. 3d DCA 1999). (See Order Granting Defendant’s Motion to Dismiss (DE 62)). In Rathkamp, the Third District Court of Appeal affirmed the final order of the Florida Department of Community Affairs, which *1277 held that Monroe C…1 / 2
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Neumont v. Monroe Cnty. Fla., 104 F. Supp. 2d 1368 (S.D. Fla. 2000)…HISTORY On November 2, 1999, this Court dismissed the original Complaint (D.E.l) without prejudice and granted Plaintiffs leave to amend, upon the ruling of the Third District Court of Appeal in Rathkamp v. Department of Community Affairs, 740 So.2d 1209 (Fla. 3d DCA 1999). 1 In Rathkamp, the Third District Court of Appeal affirmed the final order of the Florida Department of Community Affairs (“FDCA”), which held that Monroe County Ordinance No. 004-1997 (the “Ordinance”) is valid under…
Authorities Cited
- Barbara and Karl Cohen v. The Sch. Bd. OF Dade Cnty., 450 So. 2d 1238 (Fla. 3d DCA 1984)
- Haywood v. State, 615 So. 2d 707 (Fla. 2d DCA 1992)
- Armesto v. Fla. State Univ. Coll. of Law Dean Donald Weidner, 615 So. 2d 707 (Fla. 3d DCA 1992)
- Univ. OF Miami v. Karina Zepeda, 674 So. 2d 765 (Fla. 3d DCA 1996)