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Miscellaneous ADMINISTRATION COMMISSION AMENDED AGENDA September 30, 2008 1. Approval of the minutes of the meetinl! held September 16. 2008. 2. Consideration ofthe Department of Community Affairs' Revised Year 10 Annual Assessment Report for the Florida Kevs Area of Critical State Concern and the Department of Community Affairs' Florida Kevs Area of Critical State Concern Removal of Desil!nation Report. Deferred from September 16, 2008, meeting. A. Department of Communi tv Affairs' Revised Year 10 Annual Assessment Report for the Florida Kevs Area of Critical State Concern Administration Commission Rule 28-20.110, F AC, directs Monroe County and the Department of Community Affairs (DCA) to report to the Administration Commission annually on the degree to which work program objectives as set forth in rule are being achieved. The Commission must consider the findings and recommendations provided in the report, as well as comments from interested parties, and determine whether substantial progress has been achieved toward accomplishing the work program tasks. On September 28, 2007, the DCA submitted a Year 10 Annual Assessment Report for the Florida Keys Area of Critical State Concern (ACSC). On January 13, 2008, DCA submitted a revised report to the Commission making two corrections. The DCA revised report addresses accomplishment of work program tasks for the period of July 13, 2006, to July 12, 2007. The DCA determined that Monroe County has not made substantial progress in relation to the adopted work program requirements for the period of July 13, 2006, to July 12,2007. The DCA recommends the Commission accept the Revised Year 10 Annual Assessment Report for the Florida Keys Area of Critical State Concern and find that substantial progress was not accomplished in achieving the work program tasks. The DCA did not make a recommendation regarding the 20% building permit allocation reduction in accordance with Rule 28-20.110. F AC. Rule 28-20.110. F AC. requires the Commission to reduce the residential building permit allocation unit cap. absent a waiver. upon the finding of no substantial progress in completing work program tasks. Monroe Countv filed a "Petition for Variance from or Waiver of20 Percent ROGO Allocation Reduction in F.A.C. 28- 20.110" (Attachment ill on September 29. 2008. The Commission is authorized to consider the Countv's Petition pursuant to Chapter 120.542. FS. and Rule 28- 104.542. FAC. Administration Commission Agenda September 30, 2008 Page 2 B. Department of Communitv Affairs' Florida Kevs Area of Critical State Concern Removal of Desilmation Report In 2006, the Legislature enacted a procedure to lead to the eventual removal of the designation of the Florida Keys as an area of critical state concern. Section 380.0552(4), FS, requires the DCA, as the state land planning agency, to report to the Administration Commission by August 30, 2008, detailing the progress of the Florida Keys Area toward accomplishing the work program tasks set forth in Administration Commission Rule 28-20.110, F AC. In addition, the DCA must provide a recommendation as to whether substantial progress toward accomplishing the tasks of the work program has been achieved. The DCA's Removal of Designation Report submitted on August 29, 2008, details the status of each task of the 10 year work program referenced in Rule 28-20.110, FAC, and finds: . No work program task has been ignored or not acted upon during the past 11 years. . All tasks may be considered either complete or in progress with 13 yet to be completed. . Remaining tasks are costly and time consuming to complete and are critical to the protection of habitat and the health of the ecosystem of the Florida Keys. . Many ofthe remaining tasks consist of costly capital improvement projects, several of which have yet to go beyond planning/preliminary design. The DCA recommends the Commission accept the Removal of Designation Report; determine that substantial progress has not been achieved; and direct staff to initiate rulemaking to specify remaining work plan tasks for the jurisdictions of Momoe County, the Village ofIslamorada, and the City of Marathon. Section 380.0552(4), FS. reQuires that upon finding that substantial progress has not been achieved. the Commission provide a report within 30 davs to the Momoe Countv Commission detailing the tasks remaining to be accomplished. Recent developments and negotiations between Momoe Countv and interested stakeholders led to the identification of specific actions for implementation ofthe work program tasks. The Momoe County Growth Management Division Memorandum of September 28.2008. represents their work to date. (Attachment 1) Staff acknowledges the cooperation of the parties to identify critical actions. including but not limited to. establishment of a partnership between local. state. and federal entities to address carrying capacitv. hurricane evacuation. and eventual Administration Commission Agenda September 30, 2008 Page 3 acquisition of sensitive lands. If the Commission concurs with the staff recommendation. the 30 dav report will be presented for consideration bv the Commission at the October 28. 2008. meeting. In preparing the 30 dav report. staff of the Commission will give full consideration to the Monroe County Memorandum (Attachment n and the recommendations of DCA. DEP. and interested stakeholders. Staff Recommendation: A. Department of Communi tv Affairs' Revised Year 10 Annual Assessment Report for the Florida Kevs Area of Critical State Concern 1. Accept the DCA Revised Year 10 Annual Assessment Report and the finding that substantial progress was not achieved in completing the Year 10 work program tasks. 2. Direct staff to process Monroe County's "Petition for Variance from or Waiver of20 Percent ROGO Allocation Reduction in F.A.C. 28-20.110" to waive for one year the unit cap reduction provisions contained in Rule 28-20.110, F AC, and make recommendations to the Commission for consideration at the October 28, 2008, meeting. No reductions in the unit cap be imposed pending a determination on the County's Petition. 3. Extend the Area of Critical State Concern designation for the Florida Keys Area for an additional year. B. Department of Communi tv Affairs' Florida Kevs Area of Critical State Concern Removal of Designation Report 1. Accept the DCA Removal of Designation Report and the finding that substantial progress was not achieved in completing all work program tasks. Change the status of Year 8, Task Q (Hurricane Evacuation) to "in progress" because of the status of Year 6, Task C (Carrying Capacity). 2. Direct staffto prepare and present the 30 day report required by section 380.0552(4), FS, for consideration by the Commission at the October 28, 2008, meeting. In preparing the 30 day report, staff is to give full consideration to the recommendations of DCA, DEP, Monroe County and interested stakeholders. The 30 day report should include recommendations on any necessary ru1emaking and provide the affected local governments with clear guidance and technical assistance in accomplishing all work program tasks. Administration Commission Agenda September 30, 2008 Page 4 Back-Up: DCA's Revised Year 10 Annual Assessment Report for the Florida Keys Area of Critical State Concern. (Distributed with September 16, 2008, agenda materials.) DCA's Florida Keys Area of Critical State Concern Removal of Designation Report. (Distributed with September 16, 2008, agenda materials.) Attachment I: Monroe County Growth Management Division Memorandum dated fum.tember 28. 2008. Attachment IT: Monroe Countv's "Petition for a Variance from or Waiver of 20 Percent ROGO Allocation Reduction in F.A.C. 28-20.110" received September 29.2008.