HomeMy Public PortalAbout1998-10 House Bill 4031 oppositionRESOLUTION NO. 98-10
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, ADVISING
THE FLORIDA LEGISLATURE THAT THE VILLAGE
COUNCIL OPPOSES THE ADOPTION OF HOUSE BILL
4031 AND COMPANION SENATE BILL 1726 WHICH
ATTEMPT TO CIRCUMVENT THE REQUIREMENTS OF
THE LOCAL GOVERNMENT COMPREHENSIVE
PLANNING AND LAND DEVELOPMENT REGULATION
ACT BY ALLOWING THE RENOVATION, EXPANSION
AND ADDITION OF THE MIAMI SEAQUARIUM
PROJECT WITHOUT COMPLIANCE WITH
COMPREHENSIVE PLAN REQUIREMENTS; PROVIDING
FOR DISTRIBUTION OF RESOLUTION; PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of Key Biscayne (the "Village") has
learned that a measure, House Bill ("H.B.") 4031 and companion Senate Bill ("S.B.") 1726, is
currently pending before the Florida Legislature, which seeks to circumvent the requirements
of Chapter 163, the Local Government Comprehensive Planning and Land Development
Regulation Act; and
WHEREAS, H.B. 4031 and S.B. 1726 seek to amend Section 163.3187(8), Fla. Stat.,
to allow the Miami Seaquarium marine exhibition park complex to be subject to renovation,
expansion, or addition without complying with the requirement of Chapter 163, Fla. Stat., that
a Miami -Dade County comprehensive plan amendment be lawfully processed and approved for
such purpose; and
WHEREAS, the attempted circumvention of Chapter 163, Fla. Stat., will directly and
adversely affect the Village and its businesses, residents and visitors by enabling an expansion
of the Miami Seaquarium without the protective mechanisms afforded by the comprehensive
planning process, and will impair the health, safety and welfare of the residents and inhabitants
of the Village of Key Biscayne and the community; and
WHEREAS, H.B. 4031 and S.B. 1726 constitute an effort to legislatively interfere with
prior judicial proceedings between the Village and Miami Seaquarium and to circumvent the
judicial decisions made in favor of the Village's position; and
WHEREAS, such interference is an intrusion into the Constitutional separation of
powers and violates final judicial edicts.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That the above recitals are hereby incorporated by reference and confirmed.
Section 2. That the Village Council hereby expresses its vigorous opposition to the
proposed amendment of Section 163.3187, Ha. Stat., as attempted by H.B. 4031 and S.B.
1726, and requests that the Florida Legislature immediately denounce such amendment, and
not participate in any effort to circumvent the comprehensive planning process on behalf of the
Miami Seaquarium project.
Section 3. That the Village Clerk shall cause a copy of this Resolution to be delivered
to the Miami -Dade County Legislative Delegation, to the Honorable Ron Silver, to the
Honorable Bruno Barreiro, and to the Honorable Speaker of the House of Representatives of
the Florida Legislature, and to the Honorable President of the Senate of the Florida
Legislature.
Section 4. That this Resolution shall be effective immediately upon adoption hereof.
2
PASSED AND ADOPTED this 9th day of April, 1998.
3 a�
N F. FESTA, MAYOR
ST:
awe6,
Cone itta Alvarez, CMC
Village Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Seril 4%-w\
Village Attorney
103001\resohrtiorn\opposing the adoption of house bill 4031