Miami-Dade Legislative Item
File Number: 120327
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File Number: 120327 File Type: Resolution Status: Adopted
Version: 0 Reference: R-184-12 Control: Board of County Commissioners
File Name: DEP DREDGING PERMIT Introduced: 2/21/2012
Requester: NONE Cost: Final Action: 2/21/2012
Agenda Date: 2/21/2012 Agenda Item Number: 11A6
Notes: Title: RESOLUTION SUPPORTING LEGISLATION TO EXPEDITE STATE ADMINISTRATIVE HEARING PROCESS TO REVIEW CHALLENGES TO DEP PROPOSED DREDGING PERMITS AUTHORIZING IMPROVEMENTS TO FLORIDA DEEP WATER PORTS
Indexes: NONE
Sponsors: Rebeca Sosa, Prime Sponsor
  Jose "Pepe" Diaz, 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 2/21/2012 11A6 Adopted P

County Attorney 2/21/2012 Assigned Steven B. Bass

Legislative Text


TITLE
RESOLUTION SUPPORTING LEGISLATION TO EXPEDITE STATE ADMINISTRATIVE HEARING PROCESS TO REVIEW CHALLENGES TO DEP PROPOSED DREDGING PERMITS AUTHORIZING IMPROVEMENTS TO FLORIDA DEEP WATER PORTS

BODY

WHEREAS, the Miami Harbor Phase III deep-draft deepening project (Project) is necessary to enable the Port of Miami to accommodate the deeper draft cargo vessels anticipated to use the expanded Panama Canal commencing in 2014; and
WHEREAS, this Board has previously found that the Project is vital to both the state and South Florida economies and is clearly in the public interest; and
WHEREAS, the Project has previously been authorized by Congress and approved by the Army Corps of Engineers (COE); and
WHEREAS, the Project has previously undergone extensive review by multiple federal and state environmental agencies, and, following public notice and the solicitation of public input, has successfully obtained a final federal Environmental Impact Statement (FEIS), with a favorable review from the Environmental Protection Agency; and
WHEREAS, the Project has also been included in the Florida Department of Transportation 2011-2012 Work Program; and
WHEREAS, after extensive review of the proposed Project by state environmental regulators, the Florida Department of Environmental Protection (DEP) recommended the issuance of a consolidated environmental resource permit, variance, and sovereign submerged lands authorization to the COE to construct the Project; and
WHEREAS, several petitioners objected to the proposed DEP permit, triggering a need for an administrative hearing before the Florida Division of Administrative Hearings (DOAH), which hearing is not scheduled to take place until mid-August and September 2012; and
WHEREAS, such late scheduled hearings could delay commencement of the Project to the extent that the County’s ability to complete same in time to coincide with the anticipated 2014 opening of the expanded Panama Canal would be jeopardized,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Expresses its support for legislation before the 2012 Florida Legislature that would expedite the administrative hearing process with respect to challenges to DEP proposed harbor deepening permits involving Florida deep water ports, including the Port of Miami.
Section 2. Urges the Florida Legislature to pass such legislation.
Section 3. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, Senate President, House Speaker and Chair and Members of the Miami-Dade State Legislative Delegation.
Section 4. Directs the County’s state lobbyists to advocate for the issues identified in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2012 state legislative package to include this item.



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