Miami-Dade Legislative Item
File Number: 140429
Printable PDF Format Download Adobe Reader  Clerk's Official Copy   

File Number: 140429 File Type: Resolution Status: Adopted
Version: 0 Reference: R-257-14 Control: Board of County Commissioners
File Name: OPPOSING HB 703 Introduced: 2/25/2014
Requester: NONE Cost: Final Action: 3/4/2014
Agenda Date: 3/4/2014 Agenda Item Number: 11A29
Notes: Title: RESOLUTION OPPOSING HB 703 OR SIMILAR LEGISLATION THAT WOULD, AMONG OTHER THINGS, PREEMPT THE PROVISION OF THE MIAMI-DADE COUNTY HOME RULE CHARTER REQUIRING A TWO-THIRDS VOTE TO AMEND THE COMPREHENSIVE PLAN TO INCLUDE ADDITIONAL LAND OUTSIDE THE URBAN DEVELOPMENT BOUNDARY, AND PREEMPT OTHER LOCAL GOVERNMENT ENVIRONMENTAL REGULATIONS AND REGULATORY AUTHORITY
Indexes: OPPOSING
  URBAN DEVELOPMENT BOUNDARIES
Sponsors: Rebeca Sosa, 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 3/4/2014 11A29 Adopted P

County Attorney 2/25/2014 Assigned James Eddie Kirtley

Legislative Text


TITLE
RESOLUTION OPPOSING HB 703 OR SIMILAR LEGISLATION THAT WOULD, AMONG OTHER THINGS, PREEMPT THE PROVISION OF THE MIAMI-DADE COUNTY HOME RULE CHARTER REQUIRING A TWO-THIRDS VOTE TO AMEND THE COMPREHENSIVE PLAN TO INCLUDE ADDITIONAL LAND OUTSIDE THE URBAN DEVELOPMENT BOUNDARY, AND PREEMPT OTHER LOCAL GOVERNMENT ENVIRONMENTAL REGULATIONS AND REGULATORY AUTHORITY

BODY
WHEREAS, House Bill 703 (''HB 703'') has been filed by Representative Jimmy Patronis (R - Panama City) for consideration during the 2014 session of the Florida Legislature; and
WHEREAS, HB 703 would require only a simple majority vote, and prohibit a supermajority vote, of a local government to adopt all mandatory and optional elements of the comprehensive plan, including plan amendments; and
WHEREAS, Section 2-116.1 of the Miami-Dade County Code currently requires that any decision to include additional land within the Urban Development Boundary (''UDB''), or to designate any land located outside the UDB to an urban use, shall require a two-thirds vote of members of the Board of County Commissioners then in office; and
WHEREAS, to further strengthen this requirement, this Board’s Charter Review Task Force recommended in 2012 amendment of the Miami-Dade County Home Rule Charter (''Charter'') to require a two-thirds vote of members of the Board of County Commissioners then in office, to include additional land within the UDB established by the County’s Comprehensive Development Master Plan (''CDMP''); and
WHEREAS, Miami-Dade County’s electorate approved this Charter amendment by 68 percent of the vote; and
WHEREAS, HB 703 would preempt this provision of the Charter that requires a two-thirds vote of members of the Board of County Commissioners then in office to include additional land within the UDB; and
WHEREAS, HB 703, or similar legislation, would be inconsistent with the will of the County’s electorate as expressed in the Charter, which presently provides for a two-thirds vote to expand the UDB; and
WHEREAS, HB 703 also includes a number of other provisions related to environmental permitting and land use that may preempt the County’s local governmental authority, including:
* The County’s authority to require a two-thirds vote of members of the Board present to make changes to a declaration of restrictions or covenant accepted in connection with a prior application to amend the CDMP, as set forth in Section 2-116.1 of the Miami-Dade County Code; and
* The County’s authority to enforce wetlands, springs protection, and stormwater regulations following the non-substantive reorganization of Chapter 24 of the Miami-Dade County Code in December 2004; and
WHEREAS, this Board opposes the provisions included in HB 703 that would preempt or limit the County’s regulatory authority in the above areas; and
WHEREAS, this Board wishes to express its opposition to HB 703 and any similar legislation,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Opposes HB 703 or similar legislation that would preempt the provision of the Charter requiring a two-thirds vote of members of the Board of County Commissioners then in office to amend the CDMP to include additional land outside the UDB, and that would preempt other local government environmental permitting regulations and authority.
Section 2. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, the Senate President, the House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation, and Representative Jimmy Patronis.
Section 3. Directs the County’s state lobbyists to advocate against the passage of HB 703, and similar legislation, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2014 state legislative package to include this item.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.