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41 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. ___ _ A Resolution ofthe 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 jurisdiction to 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 al., Case No. 3D14-1467, 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WHEREAS, the effective result of SB-1048 and HB-1055 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 __ day of _______ , 2017. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page 2 of2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh Commissioner Edmond: Commissioner Liebman: Commissioner Harris: