El Jardín Diostede Mission Shift - We're in the middle of legal proceedings to determine what authority Orange County has to regulate aviculture by zoning ordinance.
Below are links to many of the decision makers and the documents associated with the case.

While we believe the Code already permits a small bird business as a home occupation, we have prepared a draft resolution for a change to the Code that would insure the issue would no longer be open to interpretation. Please review the resolution. If you like it, forward a copy to the Commissioners below.

Resolution: Non-Commercial Aviculture


– Commissioner, District 1
– Commissioner, District 2
– Commissioner, District 3
– Commissioner, District 4
– Commissioner, District 5
– Commissioner, District 6

Request for Determination – This is the document we filed to initiate the administrative portion of the proceeding.

Memorandum of Law – This memorandum was written by the Orange County Assistant Attorney, Tara Gould, at the request of Commissioner Fernandez.

Zoning Manager's Determination – This is the Zoning Manager's response to our Request for Determination.

Rebuttal – This is our rebuttal to the Zoning Manager's Determination.

BZA Transcript – This is a transcript of our appeal to the Board of Zoning Adjustment (BZA) from the Zoning Manager's Determination.

Statement of Case - This is the Statement of the Case that we have sent to the Board of County Commissioners (BCC).

AGO 2002-23 – This is an opinion by Florida's Attorney General regarding an identical issue. The opinion favors our position. The case involved was settled out of court.

Memorandum of Law – This memorandum was written by Carla Oglo, Assistant General Counsel for the Florida Fish and Wildlife Conservation Commission. It favors our position.

Parrot Wars - This is a transcript from a BCC workshop which discusses how adoption of the Standard Industrial Classification system will help regulators distinquish "talking and non-talking poultry" and so avoid future "parrot wars".

Talking and non-talking poultry - This is a transcript from the follow-up BCC hearing on the above workshop.

Hobby Aviculture/Kennel – This is a transcript of the BCC hearing which proposed to permit pet owners more animals by eliminating the Code definitions for Hobby Aviculture and Hobby Kennel.

Hobby Aviculture/Kennel Two - This is a transcript of the second BCC hearing on the elimination of Hobby Aviculture/Kennel.

FWC Due Process hearing, Dec '07 - This is an audio file of that portion of the December '07 hearing during which the FWC incorporated its due process procedures into its regulations.

FWC Captive Wildlife Regulations - This is an audio file of that portion of the December '07 hearing during which the FWC considers an array of captive wildlife regulations.





David Foley • 407 658-4520 •