Resolution 034-2001RESOLUTION NO. 034 - 2011
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, CALLING ON THE U.S. CONGRESS TO
AMEND THE NATIONAL FLOOD INSURANCE
ACT TO DIRECT THE FEDERAL EMERGENCY
MANAGEMENT AGENCY TO REFRAIN FROM
ISSUING FLOOD INSURANCE FOR NEW
CONSTRUCTION ON VACANT PROPERTIES
WHICH CONTAIN SUITABLE HABITAT FOR
THREATENED AND ENDANGERED SPECIES AND
AUTHORIZING STAFF AND CARDENAS
PARTNERS TO INITIATE EFFORTS TO LOBBY
CONGRESS TO ASSIST WITH THIS INITIATIVE.
WHEREAS, Monroe County has been a participant in the National Flood Insurance
Program (NFIP) for more than 35 years; and
WHEREAS, Monroe County is the home to dozens of threatened and endangered
species and the supporting habitat; and
WHEREAS, environmental groups filed suit against the Federal Emergency
Management Agency (FEMA) and the U.S. Fish & Wildlife Service (FWS) in the matter of
Florida Key Deer v. W. Craig Fugate, et. Al, 90- 10037 -CV seeking, inter alia, to enjoin FEMA
from issuing; flood insurance for new construction on properties containing endangered species
habitat; and
WHEREAS, FEMA asserted a position in that litigation that it lacks authority under the
National Flood Insurance Act to deny flood insurance for a property located in a participating
community simply because that property contains habitat for threatened and endangered species;
and
WHEREAS, as a result of the litigation, the U.S. District Court issued an injunction in
2005 that prohibited the issuance of flood insurance for new construction and certain
redevelopment on certain properties on a list that, in theory, contained suitable habitat for
threatened and endangered species; and
WHEREAS, that injunction was affirmed on appeal in Florida Key Deer v. Paulison,
522 F.3d 1133 (1 P h Cir. 2008); and
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WHEREAS, in response to that injunction and as a result of an apparent continued belief
that the NFIA prohibits FEMA from denying flood insurance for new construction on a property
simply because it contains habitat for threatened and endangered species, FEMA and FWS
issued a biological opinion in April of 2010 that imposed various conditions on Monroe
County's continued participation in the NFIP that will have the unintended consequence of
giving the County the choice of either forfeiting all of the considerable financial benefits of
participation in the NFIP or accepting the exceedingly large financial liability that will arise from
enforcing the Endangered Species Act as manifested in the Reasonable and Prudent Alternatives
(RPA's) set forth in the 2010 Biological Opinion; and
WHEREAS, the County had sought to intervene in the litigation to articulate these
concerns to the Court in a motion filed on November 16, 2010; and
WHEREAS, on January 11, 2011, the Court denied the County's motion to intervene
and approved a settlement agreement between the plaintiff environmental groups and the Federal
defendants; and
WHEREAS, the proposed legislation would have the benefit of protecting our precious
natural resources including several threatened and endangered species without effecting a taking
or other diminution of the affected property owners' property rights which are protected by the
Florida and U. S. Constitutions; and
WHEREAS, the proposed legislation would promote the sound public policy of
prohibiting taxpayer subsidized investment in development on parcels which contain habitat for
species which the Federal Endangered Species Act seek to protect; and
WHEREAS, the proposed legislation would prevent the fiscal insolvency of Monroe
County which could result from the RPA's set forth in the 2010 Biological Opinion;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
The Florida Congressional delegation is respectfully requested to draft, file, and seek
passages of legislation seeking changes to federal law, including but not limited to the
National Flood Insurance Act, which directs FEMA not to issue flood insurance for
new development that is located in known or suitable habitat for any federally listed
species.
2. County staff is authorized to work with the County's lobbyists to lobby members of
Congress and federal agencies on behalf of such legislation.
3. The Clerk is authorized to send letters and copies of the executed resolution to
Representative Ileana Ros- Lehtinen, Senator Bill Nelson, and Senator Marco Rubio.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on this 19' day of January, 2011.
Mayor Heather Carruthers
Mayor Pro Tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
CLERK
Deputy
Yes
Yes
Yes
Ye
Yes
BOARD OF CO TY COMMISSIONERS
OF MONROE , FLORIDA
By:
Mayor /Chairperson
MONROE COUNTY ATTORNEY
APP S TO FO
ROBERT B. S ILLI ER, JR.
CHIEF ASSIST Nt ?0?ZTY ATTORNEY
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