House Bill 3603

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    Florida House of Representatives - 1998                HM 3603

        By Representative Posey






  1                          House Memorial

  2         A memorial to the Congress of the United States

  3         opposing the Biosphere Reserves designation of

  4         the Man and the Biosphere Program and urging

  5         that the proposed Biodiversity Treaty not be

  6         ratified by the United States.

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  8         WHEREAS, the United Nations has promoted a Biosphere

  9  Program throughout the world, and

10         WHEREAS, the Biosphere Program threatens to place

11  millions of acres of land under the control of the United

12  Nations via agreements or executive orders, and

13         WHEREAS, the United Nations Cultural, Educational, and

14  Scientific Organization (UNESCO) has created a worldwide

15  system of 328 Biosphere Reserves in 82 nations, and

16         WHEREAS, 47 United Nations-designated Biosphere

17  Reserves are within the sovereign borders of the United

18  States, and 2 United Nations-designated Biosphere Reserves are

19  within the State of Florida, and

20         WHEREAS, neither the Legislature of the State of

21  Florida nor the Congress of the United States has considered,

22  debated, or approved such designations, and

23         WHEREAS, such designations require strict land use

24  management procedures as set forth in the 1994 Strategic Plan

25  for the United States Man and the Biosphere Program, as

26  published by the United States Department, and further

27  described in the Global Biodiversity Assessment, published by

28  the United Nations Environment Program, expressly for the

29  Conferences of the Parties to the Convention on Biological

30  Diversity, and

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    Florida House of Representatives - 1998                HM 3603

    532-203-98






  1         WHEREAS, Biosphere Reserves are, by definition,

  2  designated to continually expand each of the three zones:  the

  3  core protected zone, the buffer zone, and the zone of

  4  cooperation, and

  5         WHEREAS, Biosphere Reserves are expected to be the

  6  nucleus of the system of protected areas required by Article 8

  7  of the Convention on Biological Diversity as expressed in the

  8  minutes of the first meeting of the Conference of the Parties,

  9  and

10         WHEREAS, no landowner within reach or potential reach

11  of the Biosphere Reserves has input or recourse to land use

12  management policies of UNESCO or the Conference of the Parties

13  to the Convention on Biological Diversity, and

14         WHEREAS, no body of elected officials, whether local,

15  state, or federal, has input, recourse, or veto power over

16  such land use management policies that may be prescribed by

17  either UNESCO or the Conference of the Parties to the

18  Convention on Biological Diversity, and

19         WHEREAS, even though the Convention on Biological

20  Diversity has not been ratified by the United States Senate,

21  the very presence of United Nations Biosphere Reserves on

22  American soil demonstrates the compliance with an

23  international treaty that has not been ratified, and

24         WHEREAS, the use of land in the biosphere areas for

25  ordinary commercial or agriculture purposes may be severely

26  restricted or eliminated, and

27         WHEREAS, the Everglades area and the Central Gulf Coast

28  Plains area of Florida have already been designated as

29  Biosphere Reserves, and

30         WHEREAS, none of the current areas included within the

31  Biosphere Program in Florida have been included at the request

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    Florida House of Representatives - 1998                HM 3603

    532-203-98






  1  of or with the consent of the Legislature of the State of

  2  Florida, and

  3         WHEREAS, the Florida Legislature does not believe that

  4  a request from the National Park Service or a tourist and

  5  convention service should be adequate to subject land in

  6  Florida to the control of the United Nations or any other

  7  foreign parties, and

  8         WHEREAS, the areas encompassed by these reserves

  9  include not only public, but private lands, and

10         WHEREAS, the placing of environmental or other

11  restrictions upon the use of private lands has been held by a

12  number of recent United States Supreme Court decisions to

13  constitute a taking of the land for public purposes, and

14         WHEREAS, the proposed Biodiversity Treaty, if ratified

15  by the United States, would ultimately lead to the reality

16  that Floridians could not use their private and public lands

17  in the manner to which they have been accustomed, and

18         WHEREAS, there are no proposals to purchase the private

19  lands, by either the United States or the United Nations, and

20         WHEREAS, the restrictions contemplated together with

21  the outside control of the land encompassed by a Biosphere

22  Reserve constitutes an unlawful taking of that land in

23  violation of the Constitution of the United States, to wit:

24         Article I, Section 8, Clause 17, before any

25         state lands can be purchased, the consent of

26         the state legislature and not the state

27         executive branch, must be obtained.

28         Article IV, Section 3, Clause 2, "(N)othing in

29         this Constitution shall be so construed as to

30         Prejudice any Claims of the United States, or

31         of any particular State."

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    Florida House of Representatives - 1998                HM 3603

    532-203-98






  1         Article IV, Section 4, "The United States shall

  2         guarantee to every State in this Union a

  3         Republican Form of Government."

  4         Amendment V of the Constitution of the United

  5         States, "....nor (shall any person) be deprived

  6         of life, liberty, or property, without due

  7         process of law; nor shall private property be

  8         taken for public use, without just

  9         compensation," and

10         WHEREAS, the virtual ceding of these lands to the

11  United Nations leaves the residents who own the land, local

12  governments, and the State of Florida without any legitimate

13  form for redress of grievances nor input into any

14  decision-making process relating to the Biosphere Reserve, and

15         WHEREAS, under Article VI of the Constitution of the

16  United States, this treaty would be given equal footing with

17  the Constitution of the United States, thus effectively

18  precluding any legal means of redress, and

19         WHEREAS, the Legislature of the State of Florida does

20  not wish to have portions of the state's land area controlled

21  by foreign minions over which it has no control and which are

22  not subject to its laws, NOW, THEREFORE,

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24  Be It Resolved by the Legislature of the State of Florida:

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26         That the Legislature of the State of Florida is

27  unalterably opposed to the inclusion of any land within the

28  borders of the State of Florida within the purview of the

29  Biodiversity Treaty or any biodiversity program without the

30  express consent of the Legislature of the State of Florida, as

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    Florida House of Representatives - 1998                HM 3603

    532-203-98






  1  provided by the Constitution of the United States and the

  2  Constitution of the State of Florida.

  3         BE IT FURTHER RESOLVED that the Florida Legislature

  4  urges the members of the Congress of the United States, and

  5  especially the Florida delegation to the Congress of the

  6  United States, to oppose ratification of this treaty and the

  7  inclusion of any land within the State of Florida in any

  8  biosphere program of the United Nations.

  9         BE IT FURTHER RESOLVED that copies of this memorial be

10  dispatched to the President of the United States, to the

11  President of the United States Senate, to the Speaker of the

12  United States House of Representatives, to each member of the

13  Florida delegation to the United States Congress, and to the

14  United States Representative to the United Nations.

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