Resolution 164-1989
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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
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Mayor/Chairman
(SEAL)
Attest : DANNY L. KOLHAGE, Clerk
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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
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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