HomeMy WebLinkAbout14-030RESOLUTION NO. 14-030
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA,
OPPOSING HOUSE BILL 703 AND SENATE BILL 1464 IN THEIR CURRENT FORM,
RELATING TO ENVIRONMENTAL REGULATION
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. The Florida House is considering House Bi11703, an act relatingto environmental regulation
that was filed by the Florida Legislature on January 21, 2014.
2. The Florida Senate has also introduced a similar bill, Senate Bill 1464, which was filed in the
Florida Senate on February 28, 2014.
The bills would require that all comprehensive plan amendments be adopted by a simple
majority of the local government.
4. HB 703 and SB 1464 place a limitation on county regulatory authority over agricultural
lands, including a retroactive provision, applying to regulations adopted prior to 2003.
5. This limitation will affect ordinances adopted by St. Lucie County after July 1, 2003
including the regulation of wetlands, shoreline protection zones and the National Pollutant
Discharge Elimination System, and would also preclude any County Commission action to modify,
re-adopt or amend said ordinances, regulations or rules after July 1, 2003.
6. HB 703 and SB 1464 would prohibit local governments from rescinding a comprehensive
plan amendment that authorizes land uses other than agricultural use if the land continues to be
used primarilyforbona-fide agricultural purposes and qualifiesfor an agricultural tax classification
under §193.461.
7. Both bills would provide a preemption of local government well construction criteria and
standards, allow for the proof of insurance to satisfy mitigation bank financial responsibility
requirements and provide for the creation of a Solid Waste Landfill Closure account to fund
closures and long-term care of solid waste management facilities.
8. Provisions contained in these bills undermine the stated purpose of the Community
Planning Act as described in Section 163.3161 Florida Statutes which is to "utilize and strengthen
the existing role, processes, and powers of local governments in the establishment and
implementation of comprehensive planning programs to guide and manage future development
consistent with the proper role of local government."
9. St. Lucie County's Comprehensive Growth Management Plan implements and strengthens
the County's comprehensive planning process.
10. The purpose of St. Lucie County's comprehensive planning process is to protect natural and
manmade resources and maintain, through orderly growth and development, the character,
stability and quality of life for present and future St. Lucie County residents.
11. Efforts to subvert local control of land use matters are counterproductive tothe principals
of home rule enshrined in Article VIII, Section 1(f) and 1(g) of the Florida Constitution (1968), and
in Section 125.01, Florida Statutes.
12. TherevisionstotheCommunityPlanningActof2011wereintendedtostrengthenthelocal
government's ability to address its local issues through its Comprehensive Plan.
13. HB 703 and SB 1464 would undermine home rule, the Community Planning Act and St.
Lucie County's ability to retain its unique comprehensive plan and environmental regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
Section 1: This Board opposes House Bill 703 and Senate Bill 1464 as currently drafted.
Section 2: The County Administrator is hereby directed to send a copy of this resolution to
Governor Rick Scott, the County's Legislative Delegation and the Florida Association
of Counties.
Section 3: This Resolution shall take effect upon its adoption.
PASSED AND DULY ADOPTED this 11`h day of March, 2014.
BOARD OF COUNTY COMMISSIONERS
EST: ST. LUCIE COUNTY, FLORFDA
~ ~nuty Clerk~,~v.~ ~~. Chair C/
~ APPROVED AS TO FORM AND
CORR. N S
~ BY:
County Attorne~i