Loading...
Item K06BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 18, 2009 Division: BOCC ____________ Bulk Item: Yes No x Department: George Neugent ___________ Staff Contact Person/Phone #: Terri Marble 4512 AGENDA ITEM WORDING: Approval to change the removal of designation date within statute 380.0552(4) from July 12, 2008 to July 12, 2015 and August 30 or upon completion of all tasks of the work program, whichever is later. ITEM BACKGROUND: Proposed changes are underline accompanying back-up mater. Upon approval by the Board of County Commissioners changes would be presented to State Representative Ron Saunders for introduction into Legislation. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: __________________________________________________________________________________ STAFF RECOMMENDATIONS: TOTAL COST: INDIRECT COST: ______________BUDGETED: YesNo___ COST TO COUNTY:SOURCE OF FUNDS: ____________________ REVENUE PRODUCING:AMOUNT PER MONTHYear ____ Yes No APPROVED BY: County Atty OMB/Purchasing Risk Management ____ DOCUMENTATION: Included x Not Required____ DISPOSITION:AGENDA ITEM # Revised 1/09 Proposed Fla. Keys ACSC Legislation 380.0552(4) REMOVAL OF DESIGNATION.-- (a)Between July 12, 2008, and August 30, 2008,Between July 12, 2015 and August 30, the state land planning agency shall submit a written report to the Administration Commission describing in detail the progress of the Florida Keys Area toward accomplishing the tasks of the work program as defined in paragraph (c) and providing a recommendation as to whether substantial progress toward accomplishing the tasks of the work program has been achieved. Subsequent to receipt of the report, the Administration Commission shall determine, prior to October 1, 20152008, whether substantial progress has been achieved toward accomplishing the tasks of the work program. The designation of the Florida Keys Area as an area of critical state concern under this section shallmaybe removed no earlier than October 1, 20092015, or upon completion of all tasks of the work program, whichever is later,ifunless the Administration Commission finds, after receipt of the state land planning agency report, that substantial progress has not been achieved toward accomplishing the tasks of the work program have been completed. If the designation of the Florida Keys Area as an area of critical state concern is removed, the Administration Commission, within 60 days after removal of the designation, shall initiate rulemaking pursuant to chapter 120 to repeal any rules relating to the designation of the Florida Keys Area as an area of critical state concern. If, after receipt of the state land planning agency's report, the Administration Commission finds that substantial progress toward accomplishing the tasks of the work program hashavenot been completed achieved, the Administration Commission shall provide a written report to the Monroe County Commission within 30 days after making such finding detailing the tasks under the work program that must be completedaccomplished in order for substantial progress to be achieved within the next 12 months, or, as necessary, beyond that time frame. (b) If the designation of the Florida Keys Area as an area of critical state concern is not removed in accordance with paragraph (a), the state land planning agency shall submit a written annual report to the Administration Commission on November 1 of each year, until such time as the designation is removed, describing the progress of the Florida Keys Area toward accomplishing remaining tasks under the work program and providing a recommendation as to whether substantial progress toward accomplishing the tasks of the work program has been achieved. The Administration Commission shall determine, within 45 days after receipt of the annual report, whether substantial progress has been achieved toward accomplishing the remaining tasks of the work program. The designation of the Florida Keys Area as an area of critical state concern under this section shall be removed unless the Administration Commission finds that substantial progress has not been achieved toward accomplishing the tasks of the work program. If the designation of the Florida Keys Area as an area of critical state concern is removed, the Administration Commission, within 60 days after removal of the designation, shall initiate rulemaking pursuant to chapter 120 to repeal any rules relating to the designation of the Florida Keys Area as an area of critical state concern. If the Administration Commission the tasks of the work plan have not been completedsubstantial progress has not finds that been achieved, the Administration Commission shall provide to the Monroe County Commission, within 30 days after making its finding, a report detailing the tasks under the work program that must be completed accomplished in order for substantial progress to be achieved within the next 12 months, or, as necessary, beyond that time frame. (c) For purposes of this subsection, the term "work program" means the 10-year work program as set forth in rule 28-20.110, Florida Administrative Code, on January 1, 2006, excluding amendments to the work program that take effect after January 1, 2006. (d) The determination of the Administration Commission as to whether substantial progress has been made toward accomplishing the tasks of the work program may be judicially reviewed pursuant to chapter 86. All proceedings shall be conducted in the circuit court of the judicial circuit where the Administration Commission maintains its headquarters and shall be initiated within 30 days after rendition of the Administration Commission's determination. The Administration Commission's determination as to whether substantial progress has been made toward accomplishing the tasks of the work program shall be upheld if it is supported by competent and substantial evidence and shall not be subject to administrative review under chapter 120. (e) After removal of the designation as an area of critical state concern, the state land planning agency shall review proposed local comprehensive plans, and any amendments to existing comprehensive plans, which are applicable to the Florida Keys Area, the boundaries of which were described in chapter 28-29, Florida Administrative Code, as of January 1, 2006, for compliance with subparagraphs 1. and 2., in addition to reviewing proposed local comprehensive plans and amendments for compliance as defined in s. 163.3184. All procedures and penalties described in s. 163.3184 apply to the review conducted pursuant to this paragraph. 1. Adoption of construction schedules for wastewater facilities improvements in the annually adopted capital improvements element and adoption of standards for the construction of wastewater treatment facilities which meet or exceed the criteria of chapter 99-395, Laws of Florida. 2. Adoption of goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than 24 hours. The hurricane evacuation clearance time shall be determined by a hurricane evacuation study conducted in accordance with a professionally accepted methodology and approved by the state land planning agency. (5) APPLICATION OF THIS CHAPTER.--Section 380.05(1)-(5), (9)-(11), (15), (17), and (21) shall not apply to the area designated by this section for so long as the designation remains in effect. Except as otherwise provided in this section, s. 380.045 shall not apply to the area designated by this section. All other provisions of this chapter shall apply, including s. 380.07.