Res No 064-17-14865RESOLUTION NO. 064-17-14865
A Resolution of the Mayor and City Commission of the City of South Miami, Florida, opposing
Senate Bill 1048 and House Bill 1055 which propose amendments to Sections 163.3221,380.04,
403.511 and 403.531, Florida Statutes, and directing the City Manager to add to the City's
2017 legislative priorities opposition, including proposing and supporting favorable
amendments to those statutes.
WHEREAS, Senate Bill 1048, introduced by Senator Tom Lee, and House Bill 1055, co-sponsored by
Representatives Clay Ingram and Bobby Payne, propose amendments to Section 163.3221, Florida Statutes
("F.S."), of the Florida Local Government Development Agreement Act, entitled "Florida Local Government
Development Agreement Act, Definitions", and Section 380.04, F.S., of the Florida Environmental Land and
Water Management Act of 1972, entitled "Definition of Development", revising the definition of the term
"Development" to exclude work by certain utility providers on utility infrastructure on certain rights-of-way or
corridors and revising the definition to exclude the creation or termination of distribution and transmission
corridors; and
WHEREAS, Senate Bill 1048 and House Bill 1055 also propose amendments to Section 403.511, F.S., of
the Florida Electrical Power Plant Siting Act, entitled "Effect of Certification", and Section 403.531, F .S., of the
Florida Electric Transmission Line Siting Act, entitled "Effect of Certification", when requiring the
consideration of a certain variance standard when including conditions for the certification of an electrical
power plant or a proposed transmission line corridor and clarifying that the Public Service Commission has
exclusive jurisdictionto require underground transmission lines; and
WHEREAS, the Florida Third District Court of Appeal ("Third DCA") held in Miami-Dade County, et al.
VS. Florida Power & Light Co., et aI., Case No. 3DI4-1467, that the Florida State's Siting Board ("Siting
Board") failed to apply the applicable land development regulations and that the Siting Board had the authority
to require Florida Power & Light Company ("FPL") to install the transmission lines underground at FPL's
expense; and
WHEREAS, the purpose of local land use and development regulations is to protect the health, safety, and
welfare of a local government's residents; and
WHEREAS, the stated intent of PPSA is to ensure that the location and operation of electrical power
plants will produce minimal adverse effect on human health, the environment, the ecology of the land and its
wildlife, and the ecology of state waters and their aquatic life, and will not unduly conflict with the goals
established by the applicable local comprehensive plans; and
WHEREAS, the stated intent of the TLSA is to ensure that the location of transmission line corridors and
the construction, operation, and maintenance of electric transmission lines will produce minimal adverse effects
on the environment and public health, safety, and welfare; and
WHEREAS, Senate Bill 1048 and House Bill 1055 seek to unravel every holding of the Third DCA
and to change the current state of the law as it relates to right-of-way corridors, variances for local land use and
development regulations, and to take authority away from the Siting Board and to give the Florida Public
Service Commission the exclusive authority to order utilities to bury transmission lines; and
WHEREAS, Senate Bill 1048 and House Bill 1055 seek to limit or eliminate the ability of local
governments to protect the County and the City's residents through reasonable local land use and development
regulations.
Res. No. 064-17-14865
WHEREAS, the effective result of SB-I048 and HB-I055 is the loss of taxable land value and a
decrease in the tax base of the cities and of Miami-Dade County, and it will effectively result in an
uncompensated taking of private property. These negative impacts have the potential of effecting other cities
and counties throughout the state .
. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby opposes the amendments to Section 163.3221, F.S., and
Section 380.04, F.S., as proposed by Senate Bill 1048 and House Bill 1055, which revise the definition of the term
"development" to exclude work by certain utility providers on utility infrastructure on certain rights-of-way or
corridors and revising the definition to exclude the creation or termination of distribution and transmission
corridors.
Section 3. The City Commission further opposes the amendments to Section 403.511, F.S., and
Section 403.531, F.S., as proposed by Senate Bill 1048 and House Bill 1055, and which concern the consideration
of a certain variance standard when including conditions for the certification of an electrical power plant or a
proposed transmission line corridor and removing the authority of the Siting Board to require undergrounding of
transmission.
Section 4. The City Commission hereby directs the City Manager to add OpposItIon of these
legislative amendments, including proposing and supporting favorable amendments, to the list of the City's 2017
Legislative Priorities.
Section 5. The City Clerk is directed to transmit a certified copy of the Resolution to Governor
Rick Scott, President of the Senate Joe Negron, Speaker of the House Richard Corcoran, Senator Tom Lee,
Representatives Clay Ingram and Bobby Payne, and members of the Miami-Dade County Legislative
Delegation.
Section 6. This resolution shall take effect immediately upon adoption by vote of the City
Commission.
Passed and adopted this 4th day of April
Page 2 of2
,2017.
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh Yea
Commissioner Edmond: Yea
Commissioner Liebman: Yea
Commissioner Harris: Yea