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Resolution 164-1989 FILt 1 ;,., '89 i\PF: -7 mD :53 County Commission ~"-'\}. I 11):' RESOLUTION NO. 164 -1989 A RESOLUTION REQUESTING THE DEPARTMENT OF COMMUNITY AFFAIRS OF THE STATE OF FLORIDA TO RECOMMEND TO THE ADMINISTRATION COMMISSION OF THE STATE OF FLORIDA THE REMOVAL, PURSUANT TO FLA.STAT. ~380.0552(4), OF THE DESIGNATION OF THE FLORIDA KEYS AS AN AREA OF CRITICAL STATE CONCERN. WHEREAS, Section 380.05 of the Florida Statutes provides that the Department of Community Affairs of the State of Florida, as the State land planning agency, may recommend specific geo- graphic areas within the State of Florida for designation, by the Administration Commission of the State of Florida, as areas of critical state concern, for which certain provisions of Chapter 380, Fla.Stat., shall apply; and WHEREAS, the Department of Community Affairs did recommend a substantial portion of all lands within Monroe County for desig- nation as an area of critical state concern, and the Adminis- tration Commission did approve such recommendation, and, by Administrative Rule 22F-8 (now 28-29.002) did designate this substantial portion of lands within Monroe County as an area of critical state concern to be known as the Florida Keys Area of Critical State Concern; and WHEREAS, although the District Court of Appeal of Florida, First District, in a decision reported as Cross Key Waterways v. Askew 351 So.2d 1062 (Fla. 1st DCA 1977), affirmed 372 So.2d 913 (Fla. 1979) did quash Rule 22F-8 and the designation under that rule, the Legislature, by enacting Subsection 380.0552(3), Fla.Stat., has expressly ratified this designation of the Florida Keys Area of Critical State Concern; and WHEREAS, Subsection 380.0552 (4), Fla. Stat., provides that the Department of Community Affairs shall, three years following July 15, 1986 (i.e., beginning July 15, 1989) recommend to the Administration Commission the removal of the designation of that portion of Monroe County as the Florida Keys Area of Critical State Concern if the Department determines that all local land development regulations and local comprehensive plans and the administration of such regulations and plans are adequate to protect the area designated as the Florida Keys Area of Critical State Concern, and continue to carry out the legislative intent incorporated in subsection 380.0552(2), Fla.Stat., and are in compliance with the principles for guilding development incor- porated in subsection 380.0552(7), Fla.Stat.; and WHEREAS, the Board of County Commissioners of Monroe County, Florida did, on February 28, 1986, adopt and approve the Florida Keys Comprehensive Plan, including the land development regu- lations promulgated under that plan, and the Department of Community Affairs and the Administration Commission did, on July 29, 1986, approve the Florida Keys Comprehensive Plan and the land development regulations promulgated under that plan, and the Board of County Commissioners of Monroe County continues to administer that plan and those regulations in Monroe County; and WHEREAS, the Florida Keys Comprehensive Plan and the land development regulations promulgated under that plan, and the administration, by the Board of County Commissioners of Monroe County, of this plan and these regulations, are adequate to protect the area of Monroe County designated as the Florida Keys Area of Critical Concern, and continue to carry out the legisla- tive intent stated in subsection 380.0552(2), Fla.Stat., and are in compliance with the principles for guiding development incor- porated in subsection 380.0552(7), Fla.Stat.; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: The Department of Community Affairs of the State of Florida, as the State land planning agency, is hereby requested to make the determination required under subsection 380.0552(4), Fla.Stat., and to recommend to the Administration Commission of the State of Florida, on or immediately after July 15, 1989, that 2 the Administration Commission remove the designation, as an area of critical state concern, of the portion of Monroe County, Florida known as the Florida Keys Area. BE IT FURTHER RESOLVED BY SAID BOARD that the Clerk of the Board is hereby ins tructed to forward a certified copy of this resolution to the Governor and Cabinet of the State of Florida; Honorable Tom Pelham, Secretary of the Department of Community Affairs; the Honorable Ron Saunders; and the Honorable Larry Plummer. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the JlJ~-f day of $tird , A.D., 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /IlI~~~ Mayor/Chairman (SEAL) Attest : DANNY L. KOLHAGE, Clerk v624 ~~{ >>~. C~r ::mroltJlfl AND G L 'Ff~ . / BY j QiI;' Auor"ey'. 3 b GOUN T;. 3'• ss.40 CUiO`'OGYyl a 14 u a �ti qpF ..... iC• j_ annp IL. ollage • BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O.BOX 379 MARATHON, FLORIDA 3305Q . . 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL. (305)743-9036 KEY WEST, FLORIDA 33040 TEL.(305)852-9253 • TEL.(305)294-4641 April 9, 1989 The Honorable Thomas Pelham Secretary Department of Community Affairs Howard Building 2571 Executive Center Circle, East Tallahassee, Florida 32301 �- Dear Secretary Pelham: At a Regular Meeting in formal session on March 21, 1989 , the Board of County Commissioners of Monroe County, Florida adopted Resolution No. 164-1989 requesting the Department of Community Affairs to recommend to the Administration Commission the removal, pursuant to Fla. Stat. §380 .0652 (4) , of the designation of the Florida Keys as an Area of Critical State Concern. Enclosed please find a certified copy of said • Resolution for your consideration. Very truly yours, Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk Board o County Commissioners by: ,e Rosalie L. onnolly Deputy Clerk • Enclosure cc: Governor Martinez Lieutenant Governor Mayor M. Puto Secretary of State Commissioner W. Harvey Attorney General Commissioner D. Jones State Comptroller . Commissioner E. Lytton State Treasurer Commissioner J. Stormont Commissioner of Agriculture County Attorney Commissioner of Education County Administrator Speaker of the House ACA/Growth Management President of the Senate d Representative Ron Saunders Senator Larry Plummer