Agenda 02/23/2021 Item #10B (Opposition to SB406 & HB209)Proposed Agenda Changes
Board of County Commissioners Meeting
February 23, 2021
Move Item 17B to Item 9A: 17.B. ***This item was continued from the January 12, 2021 and
January 26, 2021 Board meetings.*** Recommendation to approve an Ordinance amending
Ordinance Number 04-41, as amended, the Collier County Land Development Code and Zoning
Atlas, which includes the comprehensive land regulations for the unincorporated area of Collier
County, Florida, to create the Golden Gate Parkway Overlay District (GGPOD) and eliminate the
Golden Gate Parkway Professional Office Commercial Overlay (GGPPOCO) and the Golden Gate
Downtown Center Commercial Overlay District (GGDCCO), and establish uses, boundaries and
design standards, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section
Three, Adoption of Amendments to the Land Development Code, more specifically amending the
following: Chapter One - General Provisions; Chapter Two - Zoning Districts and Uses; Chapter 4
- Site Design and Development Standards; Chapter Five - Supplemental Standards; and Chapter 10
- Application, Review, and Decision-Making Procedures; Section Four, Conflict and Severability;
Section Five, inclusion in the Collier County Land Development Code; and Section Six, Effective
Date. (District 3). (Commissioner Saunder’s request)
Add Item 10B: A Recommendation to adopt a
resolution in opposition to passage and enactment of
Senate Bill 406 and House Bill 209, relating to the
expansion of the Big Cypress Basin. (Commissioner
Taylor’s Request)
Time Certain Items:
Item 11C to be heard no sooner than 11:00 a.m. (Commissioner Taylor and Commissioner Solis
individual requests)
Note:
On 16B1 striking the phrase “and to authorize the Chairman to execute the attached agreement”
from the title of the item (staff correction)
2/23/2021 8:56 AM
EXECUTIVE SUMMARY
Recommendation to adopt a resolution in opposition to passage and enactment of Senate Bill 406
and House Bill 209, relating to the expansion the Big Cypress Basin.
OBJECTIVE: To adopt a resolution in opposition to passage and enactment of Senate Bill 406 and
House Bill 209, relating to the expansion the Big Cypress Basin.
CONSIDERATIONS: On March 19, 2020, General Appropriations Act passed by the State Legislature
contained language calling for the completion of a study updating the scientific boundary of the Big
Cypress Basin. Because of COVID-19, public meetings during the past year have been greatly limited.
The study on the scientific boundary of the Big Cypress Basin was first publicly presented t o the Big
Cypress Basin Board on November 18, 2020, at that time comprised of sole member and Chair, Charlette
Roman. Only six weeks later, the first bill filed at the Florida Legislature seeking to use the scientific
boundary to significantly expand the administrative boundary for the Basin was filed.
On February 9, 2021, the Board of County Commissioners unanimously adopted a formal position
opposing the language of Senate Bill 406 and House Bill 209, and dispatched a letter to the sponsors of
the bills and to the Collier County Legislative Delegation stating that this opposition would continue until
technical deficiencies in the bill are addressed, issues of policy and practical application of the initiative
are better defined and discussed, and the public is informed and educated on how this will impact water
quantity and quality management in both Lee and Collier counties.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal
issues at this time, and requires majority support for Board action. - JAK
RECOMMENDATION: That the Board adopt a resolution in opposition to passage and enactment of
Senate Bill 406 and House Bill 209, relating to the expansion the Big Cypress Basin.
Prepared by: Penny Taylor, District 4
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RESOLUTION NO. 2021 - ______
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, IN OPPOSITION TO PASSAGE AND
ENACTMENT OF SENATE BILL 406 AND HOUSE BILL 209, RELATING
TO THE EXPANSION OF THE BIG CYPRESS BASIN.
WHEREAS, the General Appropriations Act passed by the State Legislature on March 19,
2020, contained language calling for the completion of a study updating the scientific boundary of
the Big Cypress Basin; and
WHEREAS, on March 1, 2020, the Governor issued Executive Order 2020-51, directing
the State Health Officer to declare a public health emergency in the State of Florida due to COVID-
19; and
WHEREAS, on March 9, 2020, the Governor issued Executive Order 2020-52, declaring
a state of emergency, which remains in effect, and has been the primary focus of governmental
resources for nearly a year; and
WHEREAS, subsequent Executive Orders to protect the health, safety, and welfare of our
citizens have included a statewide “Safer At Home” order, public health advisories warning of the
dangers of gathering in groups of 10 or more, the closing of schools, asking people to work from
home if feasible, and providing for the use of technology for virtual meetings of municipal
governing bodies; and
WHEREAS, the study on the scientific boundary of the Big Cypress Basin was first
publicly presented to the Big Cypress Basin Board on November 18, 2020, at that time comprised
of sole member and Chair, Charlette Roman; and
WHEREAS, the first bill filed at the Florida Legislature seeking to use the scientific
boundary to significantly expand the administrative boundary for the Basin was filed on December
30, 2020; and
WHEREAS, on February 9, 2021, the Board of County Commissioners unanimously
adopted a formal position opposing the language of Senate Bill 406 and House Bill 209, and
dispatched a letter to the sponsors of the bills and to the Collier County Legislative Delegation
stating that this opposition would continue until technical deficiencies in the bill are addressed,
issues of policy and practical application of the initiative are better defined and discussed, and the
public is informed and educated on how this will impact water quantity and quality management
in both Lee and Collier counties; and
WHEREAS, had the boundary study and proposed legislation been available earlier in
2020, public outreach and education on any boundary expansion proposal would have been
logistically impractical and at the risk of the health and safety of our citizens due to the pandemic
and its impact on public gatherings and government proceedings; and
WHEREAS, should the Legislature pass and the Governor sign a bill expanding the Basin
boundary, the proposed July 1, 2021, effective date could potentially be less than 60 days from the
conclusion of the legislative session placing a great administrative burden on Basin administration,
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county and municipal staff in the expanded boundary, and unintentionally continue to limit the
input and education of the public.
NOW, THEREFORE, BE IT RESOLVED BY BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, to oppose passage and enactment of Senate Bill 406 and
House Bill 209, relating to the expansion the Big Cypress Basin.
THIS RESOLUTION ADOPTED after motion, second and majority vote on this the 23rd
day of February, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By:_____________________________ By:______________________________________
Crystal K. Kinzel, Clerk Penny Taylor, Chair
Approved as to form and legality:
_______________________________
Jeffrey A. Klatzkow, County Attorney