Mattino v. City of Marathon
Florida Keys residents challenged a DEO final order finding comprehensive plan amendments (adding 1,300 workforce-affordable housing units) in compliance with the Florida Keys Area Protection Act. The Third DCA held that the amendments' two-phase, 48-hour evacuation plan—under which some permanent residents evacuate in Phase I and others in Phase II—violates section 380.0552(9)(a)2.'s unambiguous requirement of a hurricane evacuation clearance time for permanent residents of no more than 24 hours, reversing as to Marathon and Islamorada but affirming as to Key West (which is governed instead by the Rule 28-36.003 Principles for Guiding Development).
Key facts
- Florida Keys residents challenged a Department of Economic Opportunity final order approving comprehensive plan amendments for the City of Marathon and Village of Islamorada that would add approximately 1,300 workforce-affordable housing units.
- The challenged amendments included a two-phase, 48-hour hurricane evacuation plan under which some permanent residents would evacuate in Phase I and others in Phase II, with the trial court or DEO finding this compliant with Florida Keys Area Protection Act requirements.
- +2 more key facts with a free trial
Why it matters
This is one of the Third DCA's clearer applications of Article V, section 21's abolition of judicial deference to agency statutory interpretations—useful authority for any practitioner challenging an agency's… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.