Item N12
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMSU~ARY
Meeting Date: November 16.2005
Division:
County Administration
Bulk Item: Yes
No --!L
Department County Administration
Staff Contact Person: T. Willi
AGENDA ITEM WORDING:
Discussion of Resolution 11-8-05 from the Key Largo Wastewater Treatment District (KLWWTD)
requesting Momoe County waive all permitting fees for building permits, health department permits,
and other permits for constmction of improvements related to the connection of properties to the
KL WWTD wastewater management system and abandonment of existing onsite sewage treatment and
disposal systems in order to connect to district facilities.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
Approval of Interlocal Agreement (ILA) with KL WWTD for the constnIction of wastewater
improvements.
CONTRACTI AGREEIVIENT CHANGES:
ST AFF RECOMMENDATIONS:
Based upon past practice and with equity for all users in mind staff recommends denial of the fee
waiver request as proposed.
TOTAL COST:
NA
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_
DIVISION DIRECTOR APPRO V AIJ:
g~ ,. Willi
(TYPE NAME HERE)
DOCUMENT ATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
Office of the County Administrator
Memorandum
To:
Mayor and Board of County Commissioners
From;
Thomas J. Willi, County Administrator
Date:
November 7, 2005
RE:
Request to Waive Fees for KLWWTD Projects
The County received resolution 11-08-05 from the Key Largo Wastewater Treatment
District requesting Monroe County waive all permitting fees for building permits, health
department permits, and other permits for construction of improvements related to the
connection of properties to the KL WWTD wastewater management system and
abandonment of existing onsite sewage treatment and disposal systems in order to
connect to district facilities.
The resolution asks for the waiver of two types of fees, those levied by the County and
those levied by the Department of Health of Monroe County.
Fees Levied by the County
The County has not historically waived building permit fees for sewer connections. The
permit fee associated with sewer lateral work is a minimal fee permit. The fee collected
reflects the actual cost to the County to provide review and inspections services as well
as perform document retention as required by applicable statute.
A review of the fee status of the Stock Island project as well as the recent Bay Point
sewer project both reveal that permit fees were, and are presently being collected
from area residents for construction permits.
Fees Levied by the Department of Health
The KL WWTD is also requesting the waiver of fees collected by the County Department
of Health for the abandonment of onsite systems. The waiver of these fees is beyond
the scope of authority of the Board of County Commissioner's, however the BOCC could
direct the County Administrator to make a request to the local Health Department
requesting said waiver.
Recommendation
Based upon past practice and with equity for all users in mind staff recommends denial
of the fee waiver request as proposed.
RiSSO L IJTi ON 11 ~08.05
A [<[SOLUTION OF THE KEY LARGO WASTE'W/\TER
'HtEATMENT DIS'fRICT, REQLJESTIN(; MONROE
COUNT\' T(J WAIVE ALL PERI\HTTING Ff:ES FOR
In)TLDIN(~ PERMITS, HEALTH DEPARTMENT
PERMITS, AND UfHER PEHMITS FOR CONSTRUCTION
OF IMI}RO\'El\'lENTS RELATED TO CONNECTION OF
PROPERTIES TO THE KEY LAnGO WASTE\-V ATER
Tn:EAT1\fEN1' [:>>ISTRICT WASTEWATEH J\'IANAGEMENT
SYSTEl\l A"ND ABANDONMENT OF EXISTING ONSITE
SE\VAGE TREA'flVIENT AND DISPOSAL S\SfEMS IN
ORnER TO ('ONNECT TO DlSTRICTFACIUTIES
District ("District") is
a treatment
located H1 KeyL..argo Parle.
and
the process of
1ine~
\VHEltEAS, the Key
completing a wastewater
and collection
Village, Sunset
\VastcV./iller
Key Largo Trailer
VVHEREAS, persons connecting to the District \vastevvatcr management system \vill incur
significant costs, including District development charges and the costs of installing
connections bet\\-een their horne,; and the District H\cilities and abandoning their existing onsite
sc\vagc treatment and systenls in to ccmnect to District facilities: and
WHEREAS, these costs llnposc a burden on persons connecting to the District wastewater
management systcrn:
NO\\!, THEREFORE, the Key \Vaste\vater Treatment District respectfully that
Monroe County \va!\-'\.: all permitting required for pannits for installing
connections to the District waste\></ater management system and {tII existing onsitc
se\vage treatmcm eli in order to connect to the District fadl
AND FURTHER, the Key
County refund
\vastC\','ilter
requests
existing
The
RESOLunON NO. i 1
was offered by
its approvaL The
bv
. ",'
to a vote
\,'as
result was as
Cornmissioner Gary Bauman
Commissioner Claude Bullock
The
thereupon declared
No.l1
of
KEY LARGO WASTE\VATER TREAl.'MENT
DISTRICT GOVERNING BOARD
[3y
Attest:
By
who moved
AYE
NAY
x
duly
adopted the 31 Sl
Approved as to form and content
Bv
h
.I~~j 'I,
"",1/ "\ r. /Jj)
?fit .J/{0~
c"j{' O~,k'::~_.___
I}istrict Counsel
2
TPC
GOYERNMENTA.L CONSULTiNG
\Vn..L1AM R. PFEIFFER. ESQ.
PRf.HIO~:NT
P.O. nox 10521S
T\I,I~ \/1. \SS"I,. Fu J/lJlJ. \ .12.102
Tel: 1<150.212.594 ,
\\'/iII: TPGGC.IJOAI
E.Mail: bill@TPCGC.l:mr
Memorandum
To: BOCC and Tom Willi
From: Bill Pfeiffer
Date: 11..14-05
Subjeet: 2008 Legislative Information
20011 ReMAINING LEGISLATIVE INTERIM COMMlneE MTG
SCHEDULE
eecember 5, 2005 -
2006 SESSION OATES
August 1. 2005
DeCember 15.2005
January 27 f 2006 5:00 p.m.
March 3. 2006 5:00 p.m.
March 7, 2006
March 7. 2006 12:00 noon
April 25. 2006 50th day
May 1, 2006
May 5, 2006 60th day
special SesSion (Medicaid and Slot Machines)
Deadnne for filing claim bills (Rule 4.81)
Deadline for submitting Community Issue
Budget Requests
Deadline for filing requests for drafts of general
bills, including requests for companion bills
Deadline for submitting final drafts
Regular Session convenes
Deadline for filing bills for introduction
Last day for regularty scheduled committee
meetings (Rule 2.9)
All bills are immediately certified (Rule 6.8)
Conference Committee Reports require only
one reading (Rule 4.5)
Last day of Regular Session (Article Ill, section
3(d), Constitution)
~.'f '
Community Budget IsSue Requests for 2006 ~ 2006
Line" Tracking . Originating Request TItle Requested
Sponsor Amount
271 397 Bullard Abidiian Estates -Construction of SW Avenue G 1,484,754
272 182 Bullard Adult Crisis Stabilization Unit Beds 428,400
273 2926 Bullard After School Care and TutorinQ Proaram 50,000
274 2876 Bullard After School TutorinQ 25,000
275 596 Bullard Bike Path PrOQram 750,000
276 1072 Bullard CMB Visions Unlimited. Ine 325,000
277 2332 Bullard City of Kev West - Deep Iniection Well 1,500,000
278 2383 Bullard City of Kev West - Keys Initiative Kev West Biaht 1,080,000
Outfall Reduction Proiects I and II
279 2363 Bullard City of Kev West - Keys Initiative White Street 1,000,000
Stormwater Outfall Eliminatioin
280 2247 Bullard City of Key West - Stormwater Phase II 5.000,000
281 2372 Bullard City of Kev West - TCSP Atlantic Blvd. Bike Path. 789.700
Sidewalk Stormwater Imorovement Proiect
282 2291 Bullard City of Kev West - TCSP Duck Ave Bike Path. 1,000,000
Sidewalk Stormwater Imorovement Project
283 366 Bullard Clewiston "Reaional" Water Treatment Facilitv 1.500,000
264 2784 Bullard Community Food Bank 25,000
285 382 Bullard Coral Reef Park Imorovements 200,000
286 349 Bullard Dallas Townsend Aaricultura~ Civic Center 900,000
Expansion
287 184 Bullard Emeraency Operations Center 350,000
288 172 Bullard Existina Buildina Improvements 500,000
289 2631 Bullard Expansion of Belle Glade Business Park 700,000
290 1818 Bullard Firearms & Rifle RanQe 400,000
291 2439 Bullard Flood Mitioation Project 1,400,000
292 1781 Bullard Flood MitiQation Proiect 3 Pump Stations/Force 750.000
Mains
293 1792 Bullard Flood MitiQation Proiect: Culvert Removal at Kevs 80,000
Gate
294 185 Bullard Flood Mitiqation Proiect: Grade All 225,000
295 177 Bullard Flood MitiQation Proiect: Landscapinq & ROW 500,000
Enhancements
296 179 Bullard Flood Mitioation Proiect: Portable/Mobile Pumps 200,000
297 1790 Bullard Flood MitiQation Project: Stormwater Telemetry 150,000
System
298 1B8 Bullard Flood MitiQation Project: Track Hoe 250,000
299 186 Bullard Flood Mitiqation Proiect: Veqetation Work & 80.000
Maintenance Equipment
300 1716 Bullard Fiood Mitioation Projects: Construct New & 1,700,000
Uporade Drainaae Elements
301 190 Bullard Flood Mitiaation Proiects: NW 13th Street 800,000
Drainsae Imorovements
302 1980 Bullard Florida City Farmers' Market 200,000
303 2496 Bullard Florida Kevs Restoration Initiative 5,000,000
304 2391 Bullard Front Porch Reaional Planninq Proiect 5.000,000
305 386 Bullard G.I.C.R.C. Project 200,000
306 2632 Bullard Glades General Hospital.........__.._new facility 350,000
307 238 Bullard Harris Field Improvements 875,000
308 344 Bullard Hendry County Detention Center Expansion 5,000,000
309 347 Bullard Hendry County Emeraencv Operations Center 2.800,000
310 346 Bullard Hendrv County Government Center Expansion 5,000,000
311 335 Bullard Hendrv County Stormwater Master Plan 3,150,000
Implementation Phase III
312 345 Bullard Hendrv county Water & Sewer Utilities Master 250,000
Plan
313 338 Bullard Hendrv-LaBelle community civiC park. phase II 200,000
314 174 Bullard Hidden Treasures of Trooical America 6,000,000
315 1822 Bullard Humpty-Dumptv Pari<. Desion 300,000
316 252 Bullard Hurricane Staffing 1,300,000
317 1766 Bullard Infill Housing 500,000
318 1800 Bullard Infiltration/lnflow 3,728,600
319 684 Bullard Information and Referral 250,000
320 2630 Bullard Infrastructure Improvement in support of LRWTP 1,000,000
321 2556 Bullard Infrastructure Improvements 1.000,000
322 2003 Bullard Interaenerational MentorinQ 10,000
323 1176 Bullard International Creole Festival 120,350
324 1823 Bullard James Archer Smith Park liohtinQ System 200,000
325 1113 Bullard Joseph Caleb Auditorium Renovations 230,608
326 1807 Bullard Krome Avenue Improvements 375,000
327 342 Bullard LaBelle rodeo Arena Facility, Phase II 200,000
328 1824 Bullard Land Acquisition for East Side Community Park 2.000,000
329 1825 Bullard Land ACQuisition for West Side Community Park 2,000,000
330 175 Bullard Marathon Central Wastewater System 10,000,000
331 385 Bullard Mel-San Enterprises. Inc. 1,250,000
332 2341 Bullard Mosquito Control Facility-Homestead Office 1,000,000
333 2629 Bullard New City of Belle Glade MuniQipal Complex 3,000,000
334 398 Bullard OffIce Rehabilitation 50,000
335 1698 Bullard One Stop Domestic Violence and Sexual Assault 50,000
Center
336 384 Bullard Perrine Park Land ACQUisition 200,000
337 2779 Bullard Preservation of Historic Housing Stock 250,000
338 2227 Bullard President's ~ittle White House. 184.000
339 2148 Bullard Proiect Discovery 275,000
340 2064 Bullard Proiect Enhance 150.554
341 703 Bullard Project Hooe III 100,000
342 1808 Bullard Pump Stations Generators 500,000
1316 2194 Sorensen Drainaae Improvements 800,000
1317 1913 Sorensen Duck Kev Wastewater System 400,000
1318 1904 Sorensen Emeroencv Ooerations Center 3,000.000
1319 2171 Sorensen Emeroencv Ooerations CentQr 350.000
1320 1902 Sorensen Existina auildina Imorovements for Water and 500.000
Wastewater Treatment Facilities
1321 1986 Sorensen Farm Share Food Recoverv PrOQram 400.000
1322 2198 Sorensen Firearms & Rifle Range 400,000
1323 2534 Sorensen Flood Mitioation Proiect 1,400,000
1324 1950 Sorensen Flood Mitiaation Project: Track Hoe 250,000
1325 1945 Sorensen Flood Mitiaation Proiect: 3 Pump Stations/Force 750,000
Mains
1326 1958 Sorensen Flood Mitiaation Proiect: Culver Removal at Keys 80.000
Gate
1327 1963 Sorensen Flood Mitiaation Proiect: Grade All 225,000
1328 1924 Sorensen fiood Miti~ation Proiect: landscaoino & ROW 500,000
Enhancements
1329 1931 Sorensen EJood Mitiaation Proiect: Portable/Mobile pumps 200,000
1330 1953 Sorensen Flood Mitiaation Proiect: Stormwater Telemetry 150,000
System
1331 1969 Sorensen Flood Mitioation proiect: Veaetation Work & 80,000
Maint. Eauipment
1332 1915 Sorensen Flood Mitiaation ProiectS: Construct New & 1,700,000
Uporade Orainage Elements
1333 1946 Sorensen Florida Film & TV Incentive 5,000,000
1334 1973 Sorensen Florida Kevs Restoration Initiative 5,000,000
1335 2195 Sorensen Harris Field Improvements 875.000
1336 2078 Sorensen Heron House 250,000
1337 2199 Sorensen Humpty-Dumptv Park OesiSn 300,000
1338 2142 Sorensen Infill Housing 500,000
1339 1974 Sorensen I nfiltration!1 nflow 3,728,500
1340 2214 Sorensen James Archer Smith Park liahtina System 200,000
1341 2440 Sorensen Kevs Initiative Kev West Bight OUtfall Reduction 1,080,000
Proiects I and 1\
1342 2146 Sorensen Krome Ave. Improvements 375,000
1343 2219 Sorensen Land Acquisition for East Side Communi1\' Pari< 2,000,000
1344 1998 Sorensen Marathon Central Wastewater System 10.000,000
1345 1964 Sorensen Permanent Disabled HousinQ. 750,000
1346 2983 Sorensen Preservation of Historic Housina Stock 250,000
1347 3157 Sorensen Preservation of Historic Housina Stock 250,000
1348 1979 Sorensen Pump Stations Generators 500,000
1349 2144 Sorensen SW Neiahborhood Streets & land Acauisition 3,500,000
1350 2190 Sorensen Security System Enhancement Aaainst Terrorist 842,000
Attacks
1351 2158 Sorensen Sidewalks. Roadwavs. Bridae Repairs 4,000,000
1352 2950 Sorensen Soccer Fields/Complex Construction 1,800,000
1353 1957 Sorensen South Florida AIDS Network 350,000
"~'-''''"~''.,'','I..(..""",,,'-''_.
1354 3035 Sorensen Specialized Needs 1,000,000
1355 3012 Sorensen Tourism Committee AdvertisinQ CamoaiQn 300,000
1356 1985 Sorensen Treatment Plant Generator 500,000
1357 2114 Sorensen Truman Little White House 184,000
1358 2145 Sorensen Washinaton and Parkway Improvements 850,000
1359 2163 Sorensen Water & Wastewater System Improvements 6,060,000
1360 2527 Sorensen Work Systems Improvement 630,020
tan Houle
JrIdI ~.ComrIUlIly CoIege
JrIdI ~ CQnnarily Cchge
lridI ~ CCln'IIU1IlY ~
lridI", CGmnMlItV ~
lItda KtIp eommunIly CcIIege
I 8h1t PIrk M*n. KIy ColonY Beach
nIlon CornnUIltY PIrk EnhlncemenlS
trillion ConInU1IIy PIrk In'!proVttfTlIIIU
tmInIlIt DiIabIed HouaIn4l
.III*' UIII& Yt'hIIIt HouM
t 15 ~ Hrt 1'1'11) Old Long Key Bridge (MU 83)
t 5 ~ HeIIIagIt E TraIl) . etwnneI 6 Bridge To ArNe Bch
t 15 (cmru- HeriIIOI E Tr8lI) CIty Of L.eyton To Ch8nneI5 8r
l5 (N RaoMveI) Fn:Im EMnhawet Dr To SR 6 (US 1)
atrIcl co.t ot'...ntfll (DQ)) Transition Supplement
. wIlh 0IIIIbII1UeI Fundi
'Y' WaatMatIr Mu* PIIn ImplelMoAatlOn
bile Sc:hoa/II ~ Educ8Uon PerbIMnCI BaHd Incentives
bile SchooII Wat1dorce EduClItIon Program Funda
CNdT8l1& F.....
comm Cd
eornmunly . C...... GrarUa \
communItY . ~ RecCWerY'
COrmrIriY CCI\eQ. . F
communItY CcIege Progr8m
FRDAP
FfU)AP
FRDAP
H-"h
HIA:lriC PreMMtIon FCO Prcject
O\hel' ArWIIII
~ NWMlI
Obir.~
.~
...~/~12.~E~
vQCllllon8l RehabIlitation
WatM praject
WortCfOrCe EduCation
wcritfOrCe EdUCBtion
'.
Mclnl'Oe
McJnrl;le
MonrOe
MonrOe
Monroe
Monr08
MonrOIl
MOI'\I'Cl8
Morwoe
MonrOe
MonI'OfI
MonrOe
Monroe
MonrOlI
MantOlt
MonrOIl
t.tonroe
MonrOe
MonrOe
Monrce
50,000
48,131
83,113
154,832
588,W1
15,183,811
eo,GOO
200,000
200,000
100,(100
184,000
1,483,250
1.676.!IOO
1.88O.aoo
4,100.000
801.882
103,670
14,000,000
13,380
843,543
Senate Committee Projects wI Potential Impact on
Monroe County
I. Banking and Insurance Committee
A. INTERIM MONITOR PROJECT: Citizens Property Insurance Corporation and
the Task Foree on Long-Term Solutions for Florida"'! Hunieane Iusuranee
Market
DATE DUE: N/A
PROJECT NUMBER: 2006-307
BACKGROUND and DESCRIPTION:
Citizens Property Insurance Corporation ("Citizens''), the state-created insurer of
last resort for windstonn coverage and residential property insurance coverage, bas over
825,000 policies in force, with over $200 billion in insured value, as of April 30, 2005,
mlJlcing it the second largest homeowners insurer in the state. Policy growth in Citizens is
a reflection of the inability or unwillingness of insurers in the private (or "'voluntary")
market to provide adequate insurance capacity in the state.
The 2004 hurricanes resulted in a deficit to Citizens of about $516 million, which
is expected to result in an assessment equal to about a 7 percent premium surcharge on all
property insurance policyholders in the state. Citizens' problems in securing sufficient
numbers of adjusters caused delays in settling its 118,000 hurricane claims and resulted
in about 4,000 complaints to the Deparbnent of Financial Services, nearly double the
number filed against the largest carrier in the state.
In the 2004 Session, the Legislature enacted significant property insurance
reforms, including changes to the board of governors of Citizens (CSISB 1486).
Cunently, a 7-member board is appointed by the Chief Financial Officer (CFO); but,
effective August 1,2005, the Governor, CFO, President of the Senate, and Speaker of the
House will each appoint 2 members of a new 8-member board.
The legislation also requires the Auditor General to conduct an operational audit
of Citizens by February 1, 2006, including an analysis of its infrastructure, customer
service, claims handling, take-out bonus programs, and financing arrangements, among
other issues. The act also requires the board of Citizens to submit a report to the
Legislature by February 1, 2006, regarding its policy growth, depopulation efforts, and
actions to improve the availability of coverage in the voluntary market.
The 2004 act also creates the Task Force on Long-Term Solutions for Florida's
Hurricane Insurance Market, to make recommendations relating to the creation and
maintenance of insurance capacity in the private sector and public sector which is
sufficient to ensure that all property owners in this state are able to obtain appropriate
insunmce coverage for hurricane losses. The Task Force is required to research particular
issues related to this purpose, including issues specific to the operation and role of
Citizens, with a final report due Aprill, 2006.
PROJECl'OBJEC11VE(s):
l'-~
To monitor and review: 1) the operational audit of Citizens by the Auditor
General, 2) the report and recommendations of the board of governors of Citizens, and 3)
the Task Force for Long- Tenn Solutions for Florida's Hurricane Insurance Market.
METHODOLOGY:
Staff attended meetings of the Task. Force and board meetings of Citizens, and
reviewed and analyzed the operational audit of Citizens by the Auditor General, the
report and recommendations of the board of governors of Citizens. and the report and
recommendations of the Task Force. Reports will be presented to the committee during
the interim as the wolk of each of these groups' progresses.
II. Community Affairs Committee
A. INTERIM PROJECf: Land Use Board of Appeab
DATE DUE: September 1, 2005
PROJECf NUMBER: 2006-107
BACKGROUND and DESCRIPTION:
In an effort to provide a more streamlined process for the review of land use
decisions, several states have opted to create a land use board of appeals. In general, the
pmposes of instituting a land use board of appeals include the provision of a timely
review of land use decisions, to provide more cost effective review, and to achieve
consistency in land use decisions.
The Local Government Comprehensive Planning and Land Development
Regulation Act of 1985,55. 163.3161-163.3246, F.S., establishes a growth management
system in Florida which requires each local government (or combination of local
governments) to adopt a comprehensive land use plan. A local government's
comprehensive plan and any amendments thereto, must be consistent with the state
comprehensive plan. All land development regulations and development orders must be
consistent with the local government's comprehensive plan.
Florida law currently provides for admi.ni.strative and judicial review of land use
decisions based on the type of decision at issue. Under s. 163.3184, F .S., an "affected
person" can challenge the decision of the Department of Community Affairs that a
comprehensive plan or an amendment to the plan is, or is not, in compliance with the
chapter 163, F.S. In order to challenge the department's decision, the affected person may
file a petition with the department for a hearing before an administrative law judge of the
Division of Administrative Hearings. For purposes of maintaining such action, the term
"affected person" means the local government adopting the plan or an amendment, an
adjoining local government that can demonstrate substantial impacts, and persons that
own property, reside, or own or operate a business with the local government's
jurisdiction that adopted the plan or amendment
If a future land use map amendment is involved, owners of real property abutting
the subject real property can challenge the department's decision. If a plan or plan
amendment is found not in compliance, the recommended oIder is subject to final agency
action by the Administration Commission (Governor and Cabinet). With regard to land
development regulations. s. 163.3213. F.S.. dermes the term "land development
regulation" as an ordinance enacted by a local governing body for the regulation of any
aspect of land development. This term includes a general zoning code. but does not
include a zoning map or any action that results in zoning or rezoning of land. The section
authorizes a substantially affected person within 12 months after final adoption of a land
development regulation to petition the Department of Community Affairs for review after
notifying the local government.
If the department detennines that the regulation is consistent with the local
comprehensive plan, the substantially affected person may request a hearing from the
Division of Administrative Hearings. Section 163.3215(3). F.S., allows an aggrieved or
adversely affected party to maintain a de novo action challenging the consistency of a
development order with an adopted local comprehensive plan.
An aggrieved or adversely affected party may challenge any action on a
development order by a local government which ''materially alters the use or density or
intensity of use on a particular piece of property that is not consistent with the
comprehensive plan..... If a local government adopts the standards established in s.
163.3215(4), F.S., which provide for a quasi-judicial hearing before a special master, an
aggrieved or adversely affected party may only challenge the decision of a local
government granting or denying a development order by writ of certiorari. The local
government determines what types of development orders are subject to the special
master process.
For review of a development order in any area of critical state concern or relating
to any development of regional im~ s. 380.07, F .S., allows the owner, the developer,
or the Department of Community Affairs to petition the Florida Land and W mer
AdjudicatoIy Commission (Governor and Cabinet).
During the 2004-2005 Legislative Interim, the Senate Comprehensive phmning
Committee staff conducted an interim study on land use decisions in Florida, and the
possibility of developing a specialized land use board of appeals. The creation of a land
use board of appeals requires a determination as to the length of appointments.
qualifications of appointees, applicable standard of review, and the type of decisions to
be reviewed by the board. However. no action was taken on this issue during the 2005
Legislative Session.
l
i
\
i
,
f
!
i
I
t
1
PROJECI' OBJECfJVE(S):
The objective of the project was to evaluate the effectiveness of creating a land
use board of appeals to review certain land use decisions. The project objectives included
proposing a model for the composition of the board, including qualifications and the
appointment process for board members and the scope of the board's jurisdiction.
MEmoDOLOGY:
Committee staff worked with interested parties to determine whether a land use
board of appeals should be created and developed proposed legislation.
B. INTERIM PROJECT: Growth Management Gliteh Bill
DATE. DUE: September 1. 2005
PROJECT NUMBER: 2()()6..1 08
BACKGROUND aad DEsCtuPTION:
With more than 1,000 new residents moving to Florida daily. the state's
population is projected to grow by over 5 million in the next 17 years. To address the
critical infrastrUcture and planning needed to accommodate this new growth as it relates
to roads. schools and water. the 2005 Legislature enacted (CS/CS/CS for SB 360). The
bill creates and amends numerous provisions relating to school, water and transportation
concurrency. the development of regional impact program and other significant portions
of the local government comprehensive planning procesS. The bill also provides $1.5
billion in fiscal year 2005-2006 for in.fragtructure funding for tranSPOrtation, water and
school~ with recurring funding of $750 million annually thereafter. Unfortunately.
becauSe of the timing and magnitude of these growth management legislative changes
several technical errors have been identified.
PROJECT oBJECftvE(S):
The objective of the project was to review and assess the legislation and to
identify and specify any issueS that may need to be addressed in the 2006 legislative
session.
METHOOOLOGY:
Committee staff consulted with interested parties and the Departments of
community Affairs. Transportation. and Environmental protection to detennine what
changes need to be implemented.
ID. Environmental Preservation
Committee
A.. INTERIM PRoJEcT: Lud AcquisitioD - Florida
Forever Mid-Term Review
DATE DUE: October 1. 2005
PROJECT NUMBER: 2006-120
BACKGROUND .Dd DESCRIPTION:
Section 259.105, F .S.. created in 1999, provides for the Florida Forever program.
This program, the successor to Preservation 2000. is a 10-year, $300 million per year.
land acquisition effort, and bas reached the half-way point. The cornerstone of the Florida
Forever program is the annual Conservation and Recreational Lands priority acquisition
list. Over the past few years the Governor and Cabinet have directed that the list be
modified to better reflect the state' s priorities in acquiring conservation lands.
PROJECf OBJECfIVE(S):
The project will review the progress made under the Florida Forever program,
evaluate its effectiveness in meeting statutory goals and objectives, and review the
evolution of the acquisition list during the past several years. Additional objectives
include a review of the state's land surplusing process with an emphasis on the sale of
surplus lands to local governments.
METHODOLOGY:
staff of the committee will review and analyze activities related to the
development of the Florida Forever acquisition list and the changing priorities established
by the Governor and Cabinet. In addition. staff will review the acquisition history under
Florida FoteVer to determine the classifications of lands being purchased with the goal of
assisting the Department of Environmental Protection in moving forward with an
inventory of state-owned lands. As part of the project, staff will develop a survey to be
submitted to all of the state's land acquisition agencies to determine the acreage,
categories and purchase price of lands purchased at the mid-point; the purposes fOT which
the acquired lands are being used, the number of local government surplusing requests
received and processed. and how much land each agency bas identified as available to be
surplused.
B. INTEIUM PllOJECT: Review of Solid Waste Managemeat Ad
DATE DUE: September I, 2005
PROJECT NUMBER: 2006-121
BACKGROUND nd DESCRIPTION:
In 1988, the Legislature enacted the Solid Waste Management Act. This
comprehenSive act J1'lHnt'lated waste 1J'Ilnimi7ation, conservation of landfill spac~ litter
control, and recycling. In 1992, the Senate Natural Resources Committee conducted an
interim project study to review the 1988 act and recommended comprehensive changes.
The act was substantially rewritten in 1993.
Since that time, there have been several amendments to the statutory provisions
relating to solid waste management; however, these amendments have been piecemeal
and the issues were not addressed in a comprehensive manner. The act needs to be
updated to remove obsolete provisions and address concerns that have arisen in the past
few years regarding recycling and disposal of vegetative and construction and demolition
debris.
PROJECf oBJECfIVECS):
The project will review the act's provisions to remove the obsolete and outdated
provisions and detennine if legislative changes are needed to address current recycling
concerns and disposal of certain debris in a manner other than placing such materials in a
landfill. The problem was exacerbated last year when Florida was hit by four major
hurricanes and counties became overwhelmed by the amount of debris and materials that
required disposal.
METHODOLOGY:
Staff will review past interim project reports on the various aspects of the Solid
Waste Management Act, and will work with staff of the Department of Environmental
Protection, local solid waste management officials, the League of Cities, the Association
of Counties, recyclers. waste haulers. the environmental community, and other interested
persons to identify the obsolete provisions and develop any needed legislation.
c. INTERIM MONITOR PROJEct: Infrastructure Planlling and Funding for
Water SuppHes, Protection, and Sustainability
DATE DUE: N/A
PROJECT NUMBER: 2006-349
BACKGROUND aDd DESCRIPTION~
The 2005 Legislature passed CS/CS/CS/SB 444 (SB 444) which made numerous
changes to laws governing statewide water supply and restoration programs. In addition,
the Legislature passed CS/CS/CS/SB 360 which provides $100 million in recurring and
$100 million in non-recurring funds for the programs created or amended in SB 444. The
water programs are currently administered by the Department of Environmental
Protection, the Department of Agriculture and Consumer Services, and the state's five
water management districts.
SB 444 creates the Water Protection and Sustainability program to provide
funding for a new alternative water supply program and to also fund existing state water
programs. These programs include surface water improvement and management, total
maximum daily load~ and the disadvantaged small community wastewater grant
program. In addition, SB 444 makes substantial changes to guide the development of
alternative water supplies and establishes a goal for the water management districts to
match state funds 100 percent. The bill allocates state funds to the water management
districts on a percentage basis.
PROJECT OBJECfIVE(S):
The objective of the project will be to monitor the implementation of the new
alternative water supply program and changes to the existing program required by the
legislation and to ensure the timely allocation of the $200 million in state resources
provided in the 2005-06 fiscal year for the various water programs.
MEmoDOLOGY:
Staff of the committee along with staff of the General Government
Appropriations committee will monitor agency and water management districts on the
allocation of funds provided in FY 2005-2006 for the various water programs. A
quarterly progress report will be initiated by the Department of Environmental Protection
and the Department of Agriculture and Consumer Services for the review of program
criteria, specific projects to be funded, match requirements. and federal funds
maximization.
An QctoberlNovember progress report from the water management districts will
be requested to coincide with their annual budget submission to the Governor.