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Resolution 202-1987 ~- " Commissioner Lytton RESOLUTION NO. 202 -1987 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, CONCERNING A PROPOSED RULE MAKING BY THE GOVERNOR AND CABINET SITTING AS THE ADMINISTRATION COMMIS- SION AMENDING CHAPTER 27F-8 FLORIDA ADMINIS- TRATIVE CODE EXPANDING THE BOUNDARY FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN SEAWARD FROM THE MEAN HIGH WATER LINE IN CERTAIN INSTANCES. WHEREAS, in a case involving an appeal by the Department of Community Affairs attempting to reverse a development order authorizing construction of a dock issued by Monroe County, the District Court of Appeal, First District, State of Florida, overturned a Cabinet action denying a portion of the Spoonbill Sound Development involving said dock; and WHEREAS, the District Court of Appeals stated: "Section 380.07 creates the Florida Land and Water Adjudicatory Commission, which consists of the Administration Commission, and gives it jurisdiction over any designated Area of Critical State Concern. Section 380.0552(1) defines the bounda- ries of the Florida Keys Area of Critical State Concern as described in Chapter 22F-8, Florida Administrative Code, now Chapter 27F-8. Rule 27F-8.02, as promulgated by the Adminstra- tion Commission, designates as the Florida Keys Area of Critical State Concern all lands in Monroe County except all lands seaward of mean high water that are owned by local, State, or Federal government... In this case, 155 feet of the proposed dock will be constructed seaward of the mean high water line over submerged lands owned by the State. Consequently, by the unequivocal language of the Rule, the Commission lacked jurisdiction over the construction of the 155 foot seaward portion of the dock, control of which, instead, falls to the Departments of Environmental Regulation and Natural Resources."; and WHEREAS, on March 3rd, the Governor and Cabinet meeting as Florida's Land and Water Adjudicatory Commission, after learning that their decision denying a portion of the Spoonbill Sound Development dock had been overturned, ruled that Chapter 27F-8 describing the boundary of the Florida Keys Area of Critical State Concern should be amended; and WHEREAS, the proposed amendment states "In the event that a development is located partially within the boundaries described herein, the entire development shall be subject to review pur- suant to Section 380.05."; and WHEREAS, the proposed Rule change effectively extends or expands the designated boundary of the Florida Keys Area of Critical State Concern, and subjects property seaward of the mean high water line to review pursuant to Section 380 of the Florida Statutes and to review by the Department of Community Affairs and the Florida Land and Water Adjudicatory Commission; and WHEREAS, such a boundary expansion is subject to Legislative review pursuant to Paragraph lC of Section 380.05, Florida Statutes; and WHEREAS, a Rule adopted by the Commission expanding the boundaries of an Area of Critical State Concern shall be submit- ted to the President of the Senate and the Speaker of the House of Representatives for review; and WHEREAS, the people of Monroe County would like to retain some vestige of their riparian rights along with what is left of the local process for the guidance of growth and development, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: 1. The Governor and the Florida Legislature be petitioned to take notice of the proposed Rule Change and it its impact on local government. 2. The Florida Legislature is requested to reject the proposed rule change or any other rule that has it as its purpose to expand the boundaries of the Florida Keys Area of Critical State Concern. 3. The Clerk is hereby directed to forward copies of this Resolution to the Governor, the Speaker of the House, the Presi- dent of the Senate, and the Monroe County Legislative Delegation. 2 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the ~ day of ~~ , A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) AttestDANNY L. KOLHAGE, Clerk ~ #.J"f~J'&'~ APPR ,VED AS TO FD.11M.. i.... 'J A GAL SUFFICIENCY. /.-/ /,1 BY 'Qli-~ . Attt1rney's Office /J . ' { 3