| 1 | A bill to be entitled |
| 2 | An act relating to areas of critical state concern; |
| 3 | amending s. 380.055, F.S.; removing the designation of |
| 4 | area of critical state concern from certain units within |
| 5 | the Plantation Island Subdivision Mobile Homesites in |
| 6 | Collier County; reenacting s. 380.11(2)(c), F.S., relating |
| 7 | to administrative remedies, to incorporate the amendment |
| 8 | to s. 380.055, F.S., in references thereto; providing an |
| 9 | effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (3) of section 380.055, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 380.055 Big Cypress Area.-- |
| 16 | (3) DESIGNATION AS AREA OF CRITICAL STATE CONCERN.--The |
| 17 | "Big Cypress Area," as defined in this subsection, is hereby |
| 18 | designated as an area of critical state concern. "Big Cypress |
| 19 | Area" means the area generally depicted on the map entitled |
| 20 | "Boundary Map, Big Cypress National Freshwater Reserve, |
| 21 | Florida," numbered BC-91,001 and dated November 1971, which is |
| 22 | on file and available for public inspection in the office of the |
| 23 | National Park Service, Department of the Interior, Washington, |
| 24 | D.C., and in the office of the Board of Trustees of the Internal |
| 25 | Improvement Trust Fund, which is the area proposed as the |
| 26 | Federal Big Cypress National Freshwater Reserve, Florida, and |
| 27 | that area described as follows: Sections 1, 2, 11, 12 and 13 in |
| 28 | Township 49 South, Range 31 East; and Township 49 South, Range |
| 29 | 32 East, less Sections 19, 30 and 31; and Township 49 South, |
| 30 | Range 33 East; and Township 49 South, Range 34 East; and |
| 31 | Sections 1 through 5 and 10 through 14 in Township 50 South, |
| 32 | Range 32 East; and Sections 1 through 18 and 20 through 25 in |
| 33 | Township 50 South, Range 33 East; and Township 50 South, Range |
| 34 | 34 East, less Section 31; and Sections 1 and 2 in Township 51 |
| 35 | South, Range 34 East; All in Collier County, Florida, which |
| 36 | described area shall be known as the "Big Cypress National |
| 37 | Preserve Addition, Florida," together with such contiguous land |
| 38 | and water areas as are ecologically linked with the Everglades |
| 39 | National Park, certain of the estuarine fisheries of South |
| 40 | Florida, or the freshwater aquifer of South Florida, less and |
| 41 | except that area known as Plantation Island Subdivision Mobile |
| 42 | Homesites, Units 1, 2, and 3 (unrecorded) located in Sections 13 |
| 43 | and 24, Township 53 South, Range 29 East, Collier County, |
| 44 | Florida, the definitive boundaries of which shall be set in the |
| 45 | following manner: Within 120 days following the effective date |
| 46 | of this act, the state land planning agency shall recommend |
| 47 | definitive boundaries for the Big Cypress Area to the |
| 48 | Administration Commission, after giving notice to all local |
| 49 | governments and regional planning agencies which include within |
| 50 | their boundaries any part of the area proposed to be included in |
| 51 | the Big Cypress Area and holding such hearings as the state land |
| 52 | planning agency deems appropriate. Within 45 days following |
| 53 | receipt of the recommended boundaries, the Administration |
| 54 | Commission shall adopt, modify, or reject the recommendation and |
| 55 | shall by rule establish the boundaries of the area defined as |
| 56 | the Big Cypress Area. |
| 57 | Section 2. For the purpose of incorporating the amendment |
| 58 | to section 380.055, Florida Statutes, in references thereto, |
| 59 | paragraph (c) of subsection (2) of section 380.11, Florida |
| 60 | Statutes, is reenacted to read: |
| 61 | 380.11 Enforcement; procedures; remedies.-- |
| 62 | (2) ADMINISTRATIVE REMEDIES.-- |
| 63 | (c) The state land planning agency may institute an |
| 64 | administrative proceeding against any developer or responsible |
| 65 | party pertaining to any area of critical state concern |
| 66 | designated in s. 380.05, s. 380.055, s. 380.0551, or s. |
| 67 | 380.0552: |
| 68 | 1. To enjoin development activity if the damage or injury |
| 69 | is caused by the development activity or by a violation of s. |
| 70 | 380.05, s. 380.055, s. 380.0551, s. 380.0552, a rule of any |
| 71 | governmental agency, or a development order. |
| 72 | 2. To require the responsible party to replace or restore |
| 73 | a deteriorated, damaged, injured, or otherwise significantly |
| 74 | impacted natural, historical, or archaeological resource, major |
| 75 | public facility, or area of major public investment if the |
| 76 | damage or injury is caused by the development activity or by a |
| 77 | violation of s. 380.05, s. 380.055, s. 380.0551, s. 380.0552, a |
| 78 | rule of any governmental agency, or a development order. |
| 79 | 3. To require the governmental agency to properly |
| 80 | administer critical area regulations. |
| 81 | Section 3. This act shall take effect July 1, 2005. |