Resolution 365-2005
Board of County Commissioners
RESOLUTION NO. 365 -2005
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA EXPRESSING THE SENSE OF THE
COMMISSION THAT F.E.M.A. AND THE U.S. FISH AND WILDLIFE SERVICE,
ON BEHALF OF THE FEDERAL GOVERNMENT, SHOULD PERFECT AN
APPEAL OF AN ORDER IMPOSING PERMANENT INJUNCTION IN FLORIDA
KEY DEER \I. MICHAEL D. BROWN, ET AL., 90-10037-CIV-MOORE, AND
SHOULD ALSO MOVE EXPEDITIOUSLY TO TAKE THE NECESSARY STEPS
TO HAVE THE INJUNCTION DISSOVED.
WHEREAS, U.S. District Court for the Southern District of Florida entered a permanent
injunction preventing the Federal Emergency Management Agency ("FEMA") from issuing any
further flood insurance policies for residential and commercial development commenced after
September 9, 2005 until such time as the U.S, Fish and Wildlife Service has demonstrated
compliance with that Court's order of March 20, 2005; and
WHEREAS, initial reports place the number of parcels affected by the Court's Orders in
excess of 49,000 lots; and
WHEREAS, the Court's Orders will have the effect of stopping all but the most wealthy
from building in the affected areas; and
WHEREAS, the available affordable housing stock in Monroe County is insufficient to
meet the County's private and public work force needs; and
WHEREAS, the Court's Orders have imposed severe restrictions on the private property
rights of a significant number of Monroe County's citizens; and
WHEREAS, FEMA and the Fish and Wildlife Service are both conducting internal reviews
of the Court's Orders to determine whether to perfect an appeal;
WHEREAS, it is incumbent upon our Federal leaders to truly understand the impact that
the Court's Orders will have, if not appealed; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. The permanent injunction entered by the United States District Court for the
Southern District of Florida on September 9, 2005 in the matter of Florida Key Deer v. Michael
Brown, ef a/., 90-10037-CIV-MOORE should be appealed by the Federal Emergency
Management Agency (FEMA) and the U.S. Fish and Wildlife Service (FWS).
Section 2. FEMA and the FWS should take all steps necessary to ensure that the
injunction is dissolved as expeditiously as possible.
Section 3. The County Attorney is authorized to take all steps necessary in order for
the County to participate in the proceedings.
Section 4. County staff is directed to communicate with F.E.M.A., FWS, and the
Justice Department regarding the specific adverse impacts which the permanent injunction
imposes upon the County and its citizens.
Section 5. Upon adoption, copies of this resolution shall be transmitted to F.E.M.A.,
the Fish and Wildlife Service, the U.S. Department of Justice, and the Monroe County
Congressional Delegation.
PASSED AND ADOPTED by the Board of County Commissioners:jf ~onrll C~nty,
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Florida, at a special meeting of said Board held on the 12thday of October, ~~ ~ g
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Mayor Spehar YeR gSl;x CD ::AJ
Mayor Pro Tern McCoy Absent ~?;2 ~ f?,
Commissioner Nelson YPF>. :<~; = g
Commissioner Neugent Yes ~ ~ ;, ~
/",";~{l1issioner Rice Yes 'P .r
/(~~,;-(,=~j;l~:~~,>\" .
rf~J~S:~bLHAGE. Clerk
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- u y Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
Mayor/Chairperson