HB 0769

1
A bill to be entitled
2An act relating to areas of critical state concern;
3amending s. 380.055, F.S.; removing the designation of
4area of critical state concern from certain units within
5the Plantation Island Subdivision Mobile Homesites in
6Collier County; reenacting s. 380.11(2)(c), F.S., relating
7to administrative remedies, to incorporate the amendment
8to s. 380.055, F.S., in references thereto; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsection (3) of section 380.055, Florida
14Statutes, 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
18designated as an area of critical state concern. "Big Cypress
19Area" means the area generally depicted on the map entitled
20"Boundary Map, Big Cypress National Freshwater Reserve,
21Florida," numbered BC-91,001 and dated November 1971, which is
22on file and available for public inspection in the office of the
23National Park Service, Department of the Interior, Washington,
24D.C., and in the office of the Board of Trustees of the Internal
25Improvement Trust Fund, which is the area proposed as the
26Federal Big Cypress National Freshwater Reserve, Florida, and
27that area described as follows: Sections 1, 2, 11, 12 and 13 in
28Township 49 South, Range 31 East; and Township 49 South, Range
2932 East, less Sections 19, 30 and 31; and Township 49 South,
30Range 33 East; and Township 49 South, Range 34 East; and
31Sections 1 through 5 and 10 through 14 in Township 50 South,
32Range 32 East; and Sections 1 through 18 and 20 through 25 in
33Township 50 South, Range 33 East; and Township 50 South, Range
3434 East, less Section 31; and Sections 1 and 2 in Township 51
35South, Range 34 East; All in Collier County, Florida, which
36described area shall be known as the "Big Cypress National
37Preserve Addition, Florida," together with such contiguous land
38and water areas as are ecologically linked with the Everglades
39National Park, certain of the estuarine fisheries of South
40Florida, or the freshwater aquifer of South Florida, less and
41except that area known as Plantation Island Subdivision Mobile
42Homesites, Units 1, 2, and 3 (unrecorded) located in Sections 13
43and 24, Township 53 South, Range 29 East, Collier County,
44Florida, the definitive boundaries of which shall be set in the
45following manner: Within 120 days following the effective date
46of this act, the state land planning agency shall recommend
47definitive boundaries for the Big Cypress Area to the
48Administration Commission, after giving notice to all local
49governments and regional planning agencies which include within
50their boundaries any part of the area proposed to be included in
51the Big Cypress Area and holding such hearings as the state land
52planning agency deems appropriate. Within 45 days following
53receipt of the recommended boundaries, the Administration
54Commission shall adopt, modify, or reject the recommendation and
55shall by rule establish the boundaries of the area defined as
56the Big Cypress Area.
57     Section 2.  For the purpose of incorporating the amendment
58to section 380.055, Florida Statutes, in references thereto,
59paragraph (c) of subsection (2) of section 380.11, Florida
60Statutes, is reenacted to read:
61     380.11  Enforcement; procedures; remedies.--
62     (2)  ADMINISTRATIVE REMEDIES.--
63     (c)  The state land planning agency may institute an
64administrative proceeding against any developer or responsible
65party pertaining to any area of critical state concern
66designated in s. 380.05, s. 380.055, s. 380.0551, or s.
67380.0552:
68     1.  To enjoin development activity if the damage or injury
69is caused by the development activity or by a violation of s.
70380.05, s. 380.055, s. 380.0551, s. 380.0552, a rule of any
71governmental agency, or a development order.
72     2.  To require the responsible party to replace or restore
73a deteriorated, damaged, injured, or otherwise significantly
74impacted natural, historical, or archaeological resource, major
75public facility, or area of major public investment if the
76damage or injury is caused by the development activity or by a
77violation of s. 380.05, s. 380.055, s. 380.0551, s. 380.0552, a
78rule of any governmental agency, or a development order.
79     3.  To require the governmental agency to properly
80administer critical area regulations.
81     Section 3.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.