03/18/2014 (3) - Laserfiche WebLink

Home Browse Search

MARTIN COUNTY, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Members of the Martin County DATE: January 28, 2014 Board of County Commissioners VIA: Taryn Kryzda, County Administrator FROM: Kate Parmelee, Intergovernmental & Grants Coordinator SUBJECT: Analysis of HB 703 — Relating to Environmental Re: ulation Representative Jimmy Patrons filed this year's environmental permitting bill (HB 703) in the Florida House of Representatives last week. The bill, in its current form, comprises ten sections and 13 pages. A copy of the bill as filed has been attached for your review. It and currently there is no companion in the Senate. has not yet been assigned committees of referencep bill Some aspects of this legislation are directly contrary to amendments adopted by the Martin County Board of County Commissioners in August 2013, and that are now bein challenged by several property owners. Among other things, the bill provides: g • A requirement that all amendments be adopted by a simple majority. This would contravene the super -majority (4 votes) required for a designated type of amendments that is contained in the challenged amendments, but would also negate the current plan policy requiring a majority vote of all BOCC members (3 votes). • A limit on county regulatory authority over agricultural lands unless regulations were adopted prior to 2003; • A prohibition against rescinding a comp plan amendment that authorizes land uses other than agriculture if the land continues to be used for agricultural purposes and qualifies for an agricultural tax classification under s. 193.461. The challenged amendments allow the County to process a rescission of an amendment under these circumstances; this was the county's adopted policy at some time in the past, and the challenged amendments reinserted it. • A limitation on the County's authority to enforce wetlands, springs protection or stormwater ordinances, regulations, or rules as modified, readopted or amended after July 1, 2003. A broad interpretation of this provision may negate the County's wetland and stormwater policies, if or to the extent that they have been modified, readopted or amended after July 1, 2003. The "readopted" language is of particular concern because many times changes are made to location or wording in the plan without there being any change in the scope of the regulation. Thus, you could wipe out the wetlands protections in the plan without even being aware of it, and without • a modification of the policies, just because it had been "readopted." Consumptive use permits of up to 50 years for surface water storage projects, and 30 years for DRIB in RACEC areas; • • Preemption of well construction criteria and standards; Proof of insurance will satisfy mitigation bank financial responsibility requirements; and Page 1 of 5 adm2014M144.docx 178