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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