Understanding the History of the 2023 Florida Keys Building Ban - Part 1

Real estate investors, buyers, and residents in the Florida Keys all have their eyes on one important date - 2023. However, many newcomers and even current long-time residents are unfamiliar with the upcoming change to the Florida Keys real estate market. In 2023, Monroe County will stop issuing building permits. Not slow, like the current ROGO system, but stop. This means no more building in the Keys, no new construction in the Keys, and no more new developments in the Keys. When this law was initiated - back in 1972 - the future date of the build out seemed less significant. However, now that this impending building ban is a mere 2 years away, it is important to understand the history of what led up to this monumental change to understand how it will impact the current real estate market and those who live and invest in the Florida Keys.

In 1972, the Florida legislature passed the Florida Environmental Land and Water Management Act of 1972 in order to safeguard certain areas and resources from over-development which would lead to depletion. In accordance with this law, Monroe County was named an “Area of Critical Concern” in 1975. The intent here was primarily to protect the natural environment, promote balanced growth and ensure that the entire population could evacuate in times of major emergencies like a hurricane. Over the next few years, plans were promoted and environmental groups like 1000 Friends of Florida and Friends of the Everglades got involved, as well, in response to new developments including the proposed building of several high-rises throughout the Keys. The resulting public outcry led to the state of Florida passing the “>Principles for Guiding Development in the Florida Keys,” essentially placing all oversight of development regulation and land use decisions in the hands of the state instead of the previously held powers of local governments. In effect, everything regarding development in the Keys first had to be approved by the state until the state government gained confidence that the local municipalities were acting in the best interest of protecting the natural environment of the Keys and its residents.

Throughout the 1980’s local Florida Keys governments held a long series of nearly 90 contentious meetings aimed at addressing the issues presented in the Florida Environmental Land and Water Management Act and the ensuing laws passed as a result. Some progress came in 1983 when Charles Pattison, a local agent for the Florida Department of Community Affairs was put in charge of oversight for development in the Keys. Under his leadership, governments at the state and local levels began to cooperate more in development planning, and little by little more responsibilities were transferred back to the county, though the state retained final authority.