PROBLEMS WITH PROPOSED SB102 PROVISIONS ALLOWING DEVELOPMENT IN THE FLORIDA KEYS TO EXCEED SAFE EVACUATION CAPACITY by Richard Grosso, Esq., Richard Gross, P.A. and Rebecca Jetton
The Bill would have the effect of unconstitutionally reversing a properly renderedfinal judgment of a Florida appeals court holding that increasing residentialdevelopment in the Florida Keys violates state law protecting the Keys from excessivedevelopment and its residents from dangerous congested hurricane evacuation on itsone road out to safety. Under the Florida Constitution's "Separation of Powers"doctrine, the Legislature cannot encroach on the powers of the judicial branch as setforth in its final decision.