Miami-Dade Legislative Item
File Number: 071022
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File Number: 071022 File Type: Resolution Status: Adopted
Version: 0 Reference: R-472-07 Control: County Commission
File Name: PREEMPT LOCAL REGULATION OF LIMEROCK MINING Introduced: 4/2/2007
Requester: NONE Cost: Final Action: 4/24/2007
Agenda Date: 4/24/2007 Agenda Item Number: 11A51
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO DEFEAT LEGISLATION THAT WOULD PREEMPT LOCAL REGULATION OF LIMEROCK MINING
Indexes: LEGISLATURE
  ROCK MINING
Sponsors: Jose "Pepe" Diaz, Prime 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 11A51 Adopted P

Budget and Finance Committee 4/10/2007 2D 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 Diaz that this proposed resolution be forwarded with a favorable recommendation. This motion was seconded by Commissioner Sorenson. Commissioner Diaz noted that he worked with the local mining industry and they supported this proposed resolution. 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 4/2/2007 Referred Budget and Finance Committee 4/10/2007

County Attorney 4/2/2007 Assigned Jess M. McCarty

Legislative Text


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

BODY
WHEREAS, an amendment to Proposed Committee Bill ENRC 07-12 (PCB ENRC 07-12) was adopted that would preempt local governments from regulating limerock mining; and
WHEREAS, local ordinances currently regulate hours of operation, noise, traffic, and dust related to limerock mining, and require permits or conditions to protect wellfields, wetlands, and groundwater quality; and
WHEREAS, PCB ENRC 07-12 would prohibit any city or county from enacting or enforcing any ordinance, resolution, regulation, rule, policy, or other action which prohibits or prevents the construction or operation of a limerock mine on lands where mining is a permissible use or on lands zoned or classified as mining lands as of March 1, 2007; and
WHEREAS, the Florida Department of Transportation (FDOT) has repeatedly indicated that it does not consider local government preemption a component of its plan to keep adequate supplies of road aggregate available; and,
WHEREAS, the rights of our citizens need to be addressed by local leaders which are elected for that purpose,
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 limerock mining, including language contained in PCB ENRC 07-12, or similar legislation.
Section 2. Directs the Clerk of the Board to transmit certified copies of the 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.



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