Resolution 202-1987
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Commissioner Lytton
RESOLUTION NO. 202 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, CONCERNING
A PROPOSED RULE MAKING BY THE GOVERNOR AND
CABINET SITTING AS THE ADMINISTRATION COMMIS-
SION AMENDING CHAPTER 27F-8 FLORIDA ADMINIS-
TRATIVE CODE EXPANDING THE BOUNDARY FOR THE
FLORIDA KEYS AREA OF CRITICAL STATE CONCERN
SEAWARD FROM THE MEAN HIGH WATER LINE IN
CERTAIN INSTANCES.
WHEREAS, in a case involving an appeal by the Department of
Community Affairs attempting to reverse a development order
authorizing construction of a dock issued by Monroe County, the
District Court of Appeal, First District, State of Florida,
overturned a Cabinet action denying a portion of the Spoonbill
Sound Development involving said dock; and
WHEREAS, the District Court of Appeals stated:
"Section 380.07 creates the Florida Land and Water
Adjudicatory Commission, which consists of the Administration
Commission, and gives it jurisdiction over any designated Area of
Critical State Concern. Section 380.0552(1) defines the bounda-
ries of the Florida Keys Area of Critical State Concern as
described in Chapter 22F-8, Florida Administrative Code, now
Chapter 27F-8. Rule 27F-8.02, as promulgated by the Adminstra-
tion Commission, designates as the Florida Keys Area of Critical
State Concern all lands in Monroe County except all lands seaward
of mean high water that are owned by local, State, or Federal
government...
In this case, 155 feet of the proposed dock will be constructed
seaward of the mean high water line over submerged lands owned by
the State.
Consequently, by the unequivocal language of the
Rule, the Commission lacked jurisdiction over the construction of
the 155 foot seaward portion of the dock, control of which,
instead, falls to the Departments of Environmental Regulation and
Natural Resources."; and
WHEREAS, on March 3rd, the Governor and Cabinet meeting as
Florida's Land and Water Adjudicatory Commission, after learning
that their decision denying a portion of the Spoonbill Sound
Development dock had been overturned, ruled that Chapter 27F-8
describing the boundary of the Florida Keys Area of Critical
State Concern should be amended; and
WHEREAS, the proposed amendment states "In the event that a
development is located partially within the boundaries described
herein, the entire development shall be subject to review pur-
suant to Section 380.05."; and
WHEREAS, the proposed Rule change effectively extends or
expands the designated boundary of the Florida Keys Area of
Critical State Concern, and subjects property seaward of the mean
high water line to review pursuant to Section 380 of the Florida
Statutes and to review by the Department of Community Affairs and
the Florida Land and Water Adjudicatory Commission; and
WHEREAS, such a boundary expansion is subject to Legislative
review pursuant to Paragraph lC of Section 380.05, Florida
Statutes; and
WHEREAS, a Rule adopted by the Commission expanding the
boundaries of an Area of Critical State Concern shall be submit-
ted to the President of the Senate and the Speaker of the House
of Representatives for review; and
WHEREAS, the people of Monroe County would like to retain
some vestige of their riparian rights along with what is left of
the local process for the guidance of growth and development,
now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA that:
1. The Governor and the Florida Legislature be petitioned
to take notice of the proposed Rule Change and it its impact on
local government.
2. The Florida Legislature is requested to reject the
proposed rule change or any other rule that has it as its purpose
to expand the boundaries of the Florida Keys Area of Critical
State Concern.
3. The Clerk is hereby directed to forward copies of this
Resolution to the Governor, the Speaker of the House, the Presi-
dent of the Senate, and the Monroe County Legislative Delegation.
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PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ~ day of
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, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
AttestDANNY L. KOLHAGE, Clerk
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APPR ,VED AS TO FD.11M.. i.... 'J
A GAL SUFFICIENCY. /.-/ /,1
BY 'Qli-~ .
Attt1rney's Office /J . '
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