Item O18 0.18
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
July 17, 2019
Agenda Item Number: 0.18
Agenda Item Summary #5796
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289-2584
No
AGENDA ITEM WORDING: Authorization for the County Attorney to seek an Attorney
General's opinion on whether application of F.S. 823.14 to new agricultural operations involving
landclearing of native upland habitat in the Florida Keys Area of Critical State Concern precludes
enforcement of longstanding local ordinances or land development regulations that were adopted
pursuant to the Florida Keys Area Protection Act, F.S. 380.0552.
ITEM BACKGROUND: An issue has been raised in the context of a landclearing investigation by
the Code Compliance Department. F.S. 823.14(6)provides that"a local government may not adopt
any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity
of a bona fide farm operation on land classified as agricultural land." The County Attorney's Office
is looking for clarification from the Attorney General on how F.S. 823.14 interacts with habitat
protection and landclearing regulations that adopted under the guise of the Area of Critical State
Concern program and the Florida Keys Area Protection Act, F.S. 380.0552,prior to enactment of
F.S. 823.14.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
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0.18
Total Dollar Value of Contract: N/A
Total Cost to County: $0
Current Year Portion:
Budgeted: N/A
Source of Funds: N/A
CPI:
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount: N/A
Grant:
County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger Completed 07/02/2019 10:57 AM
Peter Morris Completed 07/02/2019 11:02 AM
Budget and Finance Skipped 07/02/2019 10:37 AM
Maria Slavik Skipped 07/02/2019 10:38 AM
Kathy Peters Completed 07/02/2019 11:21 AM
Board of County Commissioners Pending 07/17/2019 9:00 AM
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