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Reso 2014-2205
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Reso 2014-2205
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Last modified
1/8/2015 2:42:27 PM
Creation date
2/26/2014 1:59:11 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2205
Date (mm/dd/yyyy)
02/20/2014
Description
Opposing Passage of House Bill 703 & 7023 to Preempting Local Gov’t Authority
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• This is yet another example of the Legislature saying it respects home rule while <br />proposing something that substitutes a "one size fits all" provision that preempts local <br />government authority. <br />Please let your local government and state elected officials know that the decision to waive <br />impact fees and transportation concurrency is best left to each local government. <br />Please call your legislators to oppose HB 703 <br />HB 703 has some particularly egregious language that strips local home rule authority related <br />to comprehensive plans and environmental protection. <br />When the state legislature dismantled state oversight for growth management and abolished <br />the DCA, they said they wanted to leave local land use decisions to local governments. Some <br />legislators seem to have forgotten they said that, and are apparently determined to make sure <br />that local governments aren't allowed to make local decisions. <br />Lines 46 -50 would pre -empt, retroactively, local government authority to protect <br />wetlands, springs, and stormwater runoff if done through ordinances or rules adopted after <br />July 1, 2003. This retroactive provision is unprecedented and would directly contradict the <br />home rule authority given to local governments as part of their responsibilities under both the <br />1985 Growth Management Act and the 2011 Community Planning Act. It would effectively <br />repeal any comprehensive plan policies, implementing regulations, and similar land use <br />controls on these issues adopted since 2003. <br />Lines 88 -90 would pre -empt local government authority under the same above statutes <br />with respect to how votes are to be conducted when considering comprehensive plans <br />and/or plan amendments. Many local governments do use a majority vote, but others have <br />chosen a higher standard, especially when it concerns particularly important local policy <br />issues. We believe this is the very kind of determination that should be made by each local <br />government, and not Tallahassee.Why should Tallahassee dictate how a local government <br />conducts its own business? <br />Finally, Lines 141 -145 continue an ominous path toward state pre - emption of local <br />authority. These provisions wouldeliminate the possibility of a local government <br />reconsidering a prior comprehensive plan amendment affecting an agricultural tract if <br />the land continues to qualify as a bona fide agricultural operation under s.193.461. This <br />provision would effectively vest agricultural tracts meeting this standard, something that is not <br />done for any other land use category in s.163.We believe such a provision is neither <br />warranted nor justifiable. <br />Please take a few minutes to contact your state elected officials to let them know how <br />dangerous this bill is (contact links are at the beginning of this message). Representative <br />Patronis ( jimmy. patron isomyfloridahouse.gov) needs to hear as early as possible that this <br />is not the kind of legislation the public supports. Remind the legislature in particular that it said <br />it believed in home rule. <br />Please share this information with your local elected officials as well, as it undermines their <br />authority to make key local decisions. <br />February 12, Noon to 1:30 p.m. Cost is $10 per participant. Registration is limited to 200 <br />participants. Register Now! <br />With approximately 1200 miles of coastline and 2276 miles of tidal shoreline, Florida <br />is particularly vulnerable to the impacts of severe weather and sea level rise. This webinar will <br />explore existing and proposed coastal legislation and issues as they relate to the National <br />
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