HomeMy WebLinkAbout2008-049RESOLUTION 2008 -049
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
REQUESTING THAT THE STATE REVISE ITS PROCEDURE
FOR DISPOSING OF CONSERVATION LANDS,
WHEREAS, conserving land for residents of this state has been a high priority; and
WHEREAS, the citizens have amended Florida's Constitution to create Article X,
Section 18, which states "the fee interest in real property held by an entity of the state and
designated for natural resources conservation purposes as provided by general law shall
be managed for the benefit of the citizens of this state and may be disposed of only if the
members of the governing board of the entity holding title determine the property is no
longer needed for conservation purposes and only upon a vote of two-thirds of the
governing board"; and
WHEREAS, the State of Florida has had successful land buying programs, such as
Preservation 2000 and Florida Forever; and
WHEREAS, Florida's five Water Management Districts receive thirty-five percent of
the Florida Forever Funding; and
WHEREAS, Florida Statute §253.111 prohibits The Board of Trustees of the
Internal Improvement Trust Fund of the State from selling any land to which they hold title
unless and until they afford an opportunity to the county in which such land is situated to
purchase such land; and
WHEREAS, Florida Statute §373.089 governing the disposal of land held by the
Water Management Districts has no requirement of granting the Counties of this State the
right of first refusal to purchase said land.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The Board requests the State Legislative Delegation enact through amendment
to Florida Statute §373.089 a requirement that Counties be granted the right of first refusal
to purchase any fee interest of land being disposed of by the Water Management Districts
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RESOLUTION NO. 2008-049
of the state, when such land was originally purchased for conservation, after a valid finding
is made that the land is no longer needed for conservation. The method for granting the
right of first refusal should follow the procedures set forth in Section 253.111, Fla. Stat.,
governing the disposal of lands held by The Board of Trustees of the Internal
Improvement Trust Fund.
2. The Clerk to the Board of County Commissioners is hereby directed to send
certified copies of this Resolution to the members of the local Legislative Delegation
representing Indian River County: Senator Mike Haridopolos; Senator Ken Pruitt;
Representative Stan Mayfield; and Representative Ralph Poppell.
This Resolution was moved for adoption by Commissioner Peter D. O'Bryan
and the motion was seconded by Commissioner Wesley S. Davis and, upon
being put to a vote, the vote was as follows:
Chairman Sandra L. Bowden
Vice Chairman Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Gary C. Wheeler
Commissioner Peter D. O'Bryan
The Chairman thereupon declared the
06 day of May, 2008.
Attest: J. K. Barton, Clerk
By
eputy Clerk
Approved as to form and legal
sufficiency:
By K/ l:�<
William G. Collins II
County Attorney
Aye
Aye
Aye
Aye
Aye
resolution duly passed acrd la dptedp this
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BOARD OF COUNT`(•,COMII IS S dNERS
,\
INDIAN RIVER COU.NT\(,i' LORIDA
ndra L. Bowden, Chairman
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