Resolution 2006-318
RESOLUTION NO. 06- 318
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
OPPOSING THE DE-DESIGNATION OF THE BIG CYPRESS
AREA OF CRITICAL STATE CONCERN AND FURTHERMORE
RECOMMENDING IMMEDIATE TRANSMITTAL OF THIS
RESOLUTION TO THE OFFICE OF THE GOVERNOR, THE
FLORIDA ADMINISTRATION COMMISSION AND THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS.
WHEREAS, "The Big Cypress Conservation Act of 1973" created the Big Cypress Area
of Critical State Concern (ACSC) as codified in Section 380.055, Florida Statutes;
and;
WHEREAS, it was the intent of the Legislature to conserve and protect the natural
resources and scenic beauty of the Big Cypress Area of Florida;
and;
WHEREAS, it was the finding of the Legislature that the Big Cypress Area is an area
containing and having significant impact upon environmental and natural resources of regional
and statewide importance and that designation of the area as an ACSC was desirable and
necessary to accomplish the purposes of "The Florida Environmental Land and Water
Management Act of 1972".;
and;
WHEREAS, the entire Big Cypress Swamp Area is a Water Caution Area, under which
additional standards are set by the South Florida Water Management District;
and;
WHEREAS, the Florida Legislature did not incorporate a "Removal of Designation"
provision Section 380.055, Florida Statues upon adoption or in subsequent amendments in
1975, 1978, 1979, 1981, 1985, 1986, 1987 or 1994.;
and;
WHEREAS, the Florida Department of Community Affairs (DCA), the State Land
Planning Agency, submitted a written report entitled "Implementation Statue Report - Big
Cypress Swamp Area" to the Administration Commission describing in detail the progress made
by Collier County to conserve and protect the natural resources and scenic beauty of the Big
Cypress ACSC;
and;
WHEREAS, all development orders issued for projects within the Big Cypress ACSC are
transmitted by Collier County to DCA for review, with the potential for appeal to the
Administration Commission pursuant to the Florida Administrative Code;
2006 Resolution Supporting De-Designation of Big Cypress Area of Critical State Concern
and;
WHEREAS, Collier County has adopted a Comprehensive Plan (also referred to herein
as the Collier County Growth Management Plan) and land development regulations to afford
greater protection to lands within the ACSC;
and;
WHEREAS, Collier County's adopted ACSC Overlay in the Future Land Use Element of
the Comprehensive Plan and an ACSC Zoning Overlay in the land development regulations
both contain the regulatory component of the State's ACSC provision;
and;
WHEREAS, all Collier County Growth Management Plan and Land Development Code
amendments necessary to implement the entirety of the Big Cypress ACSC have not yet been
accomplished by Collier County;
and;
WHEREAS, Collier County will not have completed countywide watershed management
plans until 2010 with said watershed management plans inextricably intertwined with ensuring
the ongoing viability of the Big Cypress Swamp ACSC as a protected Water Caution Area;
and;
WHEREAS, further study and analysis of endangered species and associated habitat
located in and adjacent to the ACSC is warranted prior to consideration of de-designation of the
ACSC.
and;
WHEREAS, during the last fourteen years there have been no appeals or violations in
the Big Cypress Area ACSC.
and;
WHEREAS, the Collier County Board of County Commissioners and affected
stakeholders had no advance notice of the potential de-designation of the Big Cypress ACSC
as Chapter 380.055, Florida Statues, contains no provisions relating to the removal of said
designation;
and;
WHEREAS, the Collier County Growth Management Plan (GMP) and Land
Development Code (LDC) have been amended incorporating the substantive aspects of Section
380.055 and implementing Florida Administrative Code provisions;
and;
2006 Resolution Supporting De-Designation of Big Cypress Area of Critical State Concern 2
WHEREAS, amendments to the GMP and LDC shall be required to eliminate all
references to the Big Cypress ACSC;
and;
WHEREAS, minor amendments to the GMP and LDC shall be required to ensure that all
internal inconsistencies have been removed and to ensure that no statutory or Administrative
Code provisions were inadvertently not incorporated into the GMP and LDC.
NOW, THEREFORE, BE IT RESOLVED by THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1 . The Board of County Commissioners hereby opposes the de-designation of the
Big Cypress Area of Critical State Concern.
2. This Resolution shall be transmitted to the Office of the Governor, Florida
Administration Commission and the Florida Department of Community Affairs for
consideration of Collier County's opposition to de-designate the Big Cypress Area of
Critical State Concern.
THIS RESOLUTION ADOPTED after motion; second and majority vote this \ ~
day of ~ ~~C-.,...,....,~~~ , 2006.
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ATTEST: "..tJ~P'"
DWIGHT ~~OCK,.Ot8t:~
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~lsWf~tri~nd 'legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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FRANK HALAS, CHAIRMAN
BY:
(
Marjorie ,/. . Student-Stirling
Assistant County Attorney
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2006 Resolution Supporting De-Designation of Big Cypress Area of Critical State Concern 3