Legislative Matter

Miami-Dade Legislative Item
File Number: 071014

Printable PDF Format

Clerk's Official Copy

File Number: 071014

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-471-07

Control: County Commission

File Name: PREEMPT LOCAL REGULATION OF WETLANDS

Introduced: 3/30/2007

Requester: NONE

Cost:

Final Action: 4/24/2007

Agenda Date: 4/24/2007

Agenda Item Number: 11A50

Notes:

Title:

RESOLUTION URGING THE FLORIDA LEGISLATURE TO DEFEAT LEGISLATION THAT WOULD PREEMPT LOCAL REGULATION OF WETLANDS

Indexes:	LEGISLATURE
	WETLAND

Sponsors:	Katy Sorenson, Prime Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Carlos A. Gimenez, Co-Sponsor
	Rebeca Sosa, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	4/24/2007	11A50	Adopted				P

Budget and Finance Committee	4/10/2007	2O	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Benitez read the foregoing proposed resolution into the record. It was moved by Commissioner Sorenson that this proposed resolution be forwarded with a favorable recommendation. This motion was seconded by Commissioner Sosa. Commissioner Sosa asked that she be listed as a co-sponsor. Hearing no other questions or comments, the Committee proceeded to vote. Chairman Martinez noted he would prepare a memorandum requesting that Chairman Barreiro waive the Board's Rules and Procedures to allow this proposed resolution to be considered at the April 24, 2007, County Commission Meeting.

County Attorney	3/30/2007		Assigned	Jess M. McCarty		4/3/2007

County Attorney	3/30/2007		Referred	Budget and Finance Committee	4/10/2007

Legislative Text

TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO DEFEAT LEGISLATION THAT WOULD PREEMPT LOCAL REGULATION OF WETLANDS

BODY
WHEREAS, over the course of the 2007 State Legislative Session, HB 957 has been amended to preempt local governments from regulating wetlands; and
WHEREAS, 2007 marks the second year in a row in which efforts have been made to preempt local regulation of wetlands in the Florida Legislature; and
WHEREAS, local governments currently have the ability to prevent or require mitigation for damage to local wetlands using procedures defined by Florida Statutes through increased enforcement and compliance presence, more comprehensive regulation, and by application of stricter standards for work in certain sensitive wetlands such as coastal or wellfield protection areas; and
WHEREAS, State regulations exempt small impacts from regulation, and therefore cumulative effects of such losses of wetland value are not addressed by State permitting and enforcement; and
WHEREAS, in 2006 the County�s wetland regulatory program was responsible for the restoration of 470 acres of unpermitted wetland impacts and for the removal of nearly 100,000 cubic yards of solid waste from wetlands; and
WHEREAS, under our current local regulations, the County evaluates projects for impacts on wetlands and related environmental values countywide, as well as compliance with the local zoning and building code, and the Comprehensive Development Master Plan; and
WHEREAS, wetlands retain stormwater runoff, allow for recharge of the aquifer, filter pollutants out of our water, and protect coastal areas from storm surge, which means that the fewer wetlands that exist, the greater will be the risk to water supply and for flood damage,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:

Section 1. Urges the Florida Legislature to defeat legislation that would preempt local regulation of wetlands, including language contained in HB 957, or similar legislation.

Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, the Senate President, the House Speaker, and the chair and members of the Miami-Dade State Legislative Delegation.

Section 3. Directs the County's state lobbyists to advocate for the issues identified in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2007 and 2008 State Legislative Packages.