ADMINISTRATION COMMISSION AGENDA. March 7, 2013

Transcription

1 ADMINISTRATION COMMISSION AGENDA Attachments to the items below can be accessed through the following link: 1. Approval of the minutes of the September 18, 2012, meeting. Access meeting transcript at: 2. Consideration of the Department of Economic Opportunity s 2012 Florida Keys Area of Critical State Concern Annual Report. The Department of Economic Opportunity s 2012 Florida Keys Area of Critical State Concern Annual Report is before the Commission pursuant to section , Fla. Stat., which requires the Administration Commission to annually review the progress of Monroe County, the City of Marathon, and the Village of Islamorada in completing certain Work Program tasks set forth in Commission rules. The completion of the Work Program tasks by the referenced local governments will lead to the eventual removal of the area of critical state concern (ACSC) designation and will ensure protection of the natural resources of the Florida Keys. The Department submitted the 2012 Annual Report to the Commission on November 20, 2012, as required by section (4), Fla. Stat. The report includes: A history of the area of critical state concern designation; The Department s review, findings, and recommendations; The status of Work Program Task Achievement; Matrices for Monroe County, the City of Marathon, and the Village of Islamorada, detailing required Work Program tasks and strategies and relevant completion target dates, as well as state agency and local government input submitted to the Department in the form of comments and conclusions; and A collection of supporting technical documents. Additionally, the Department s report specifically highlights activities and information on certain Work Program tasks addressing the topic of hurricane evacuation, on pages 14 through 21. These specific Work Program tasks require: The Department, the Florida Keys local governments, and the Division of Emergency Management to develop and enter into a memorandum of understanding that stipulates the input variables and assumptions, including regional considerations, for utilizing the Florida Keys Hurricane Evacuation Model or other models acceptable to the agency to accurately depict evacuation clearance times for the population of the Florida Keys.

2 Page 2 The Department to apply the derived clearance time to assess and determine the remaining allocations for the Florida Keys ACSC and recommend appropriate revisions to the Commission regarding the allocation rates and distribution of allocations or identify strategies that support the 24-hour evacuation clearance time. Consideration of the potential for future transient allocations and their impact on hurricane evacuation clearance times. After conducting multiple workshops, receiving public input, and coordinating with local governments and state and federal agencies, a Hurricane Evacuation Clearance Time Memorandum of Understanding (MOU) was entered into by the Department, the Division of Emergency Management, and all Keys local governments addressing the above referenced Work Program tasks. (See Appendix C) Based upon the MOU that stipulates the input variables and assumptions, the Department has determined that an additional 3,550 residential building allocations could be constructed and still maintain the 24-hour hurricane evacuation clearance time. For the purposes of guiding development, the Department has recommended maintaining the current annual allocation and distribution rates as follows: Monroe County 197 City of Marathon 30 Village of Islamorada 28 City of Key West 91 City of Key Colony Beach 6 City of Layton 3 NOTE: All allocations are at current rates as adopted in either local comprehensive plans or Commission rules, with the exception of the allocation for the City of Key Colony Beach. The Department will work with the City over the next year to develop a comprehensive plan amendment to establish the annual building allocation. In accordance with section (4), Fla. Stat., the Department completed a comprehensive review of all related statutory and rule requirements, evaluated information submitted by local governments and state agencies and made findings and recommendations on the progress of the local governments in accomplishing all required Work Program tasks. The Department recommends the following actions: 1) Accept the Department s 2012 Annual Report for Monroe County, the City of Marathon, and the Village of Islamorada; 2) Continue the Florida Keys Area of Critical State Concern designation in order to complete the Work Program requirements set forth in Rules , , and , Fla. Admin. Code;

3 Page 3 3) Accept the Department s recommendation that progress toward accomplishing the strategies of the Work Program has been made by Monroe County, the City of Marathon, and the Village of Islamorada; and 4) Accept the Department s recommendation of a building allocation of 3,550 units, to be distributed among the local governments of the Florida Keys, with a provision that the City of Key West would transfer annually (by July 15 th ) any remaining allocations for the year to the other local governments. Staff Recommendation: 1) Accept the Department s 2012 Florida Keys Area of Critical State Concern Annual Report and transmittal letter, received on November 20, 2012, and approve all recommended actions contained in the Department s 2012 Annual Report. 2) Direct Commission staff, with assistance of Department staff, to prepare and issue the 30 Day Report detailing the Work Program tasks that must be completed by Monroe County, the City of Marathon and the Village of Islamorada within the next 12 months, including technical adjustments. Back-Up Department of Economic Opportunity s 2012 Florida Keys Area of Critical State Concern Annual Report. (Previously distributed to each Cabinet Affairs office.) 3. Request authorization to publish Notices of Proposed Rule Amendment to update Rules and , Fla. Admin. Code, within the Uniform Rules of Procedure. Further, request authorization to file for final rule amendment if no requests for rule hearing are received as a result of the notices. During the recent process of updating a number of rules within the Uniform Rules of Procedure, Rules and , Fla. Admin. Code, were identified as requiring revision to update language to comply with statutory provisions. Rule , Fla. Admin. Code: The proposed revision to Rule , Fla. Admin. Code, updates rule language to require the posting of a statement of agency organization and operation on each agency s website pursuant to (5)(b)7., Fla. Stat. Rule , Fla. Admin. Code: The proposed revision to Rule , Fla. Admin. Code, updates rule language to conform to present technology with respect to providing addresses in certain notices.

4 Page 4 Recommendation: Authorize the Secretary to: (1) publish notices of proposed rule to amend Rules and , Fla. Admin. Code; and (2) file the rules for final adoption if no request for public hearing is received as a result of the notices. Back-Up: Notice of Proposed Rule Amendment for Rule , Fla. Admin. Code. Notice of Proposed Rule Amendment for Rule , Fla. Admin. Code. 4. Request authorization to file final adoption of revisions to Rules and , Fla. Admin. Code. Proposed revisions to Rules and , Fla. Admin. Code, were brought to the Commission on September 18, 2012, as part of a large package of revisions to the Uniform Rules of Procedure. Subsequent to the Commission s approval, staff determined that additional clarifying revisions were necessary for Rules and , Fla. Admin. Code. These clarifying revisions relate to participation of translators or interpreters during hearings. Due to the clarifying revisions subsequent to initial Commission approval, it is necessary to receive authorization for final adoption of Rules and , Fla. Admin. Code. The proposed rule revisions, as clarified, were properly noticed in the Florida Administrative Register on November 27, 2012, and no requests for hearing were received as a result of the notices. However, comments on the proposed revisions were received from the Joint Administrative Procedures Committee and the Florida Court Reporters Association in response to the notices. The comment filed by the Joint Administrative Procedures Committee required additional information only, and the Committee did not object to the proposed rule revisions. The comment from the Florida Court Reporters Association contained a request to retain the word certified in the rule language; however, this request could not be granted as it was not consistent with current statutory language. Recommendation: Request withdrawal. Further review of Rule and is required.

5 Page 5 Back-Up: Rule text for and , Fla. Admin. Code - revisions with highlighted clarifying amendments for easy identification. Comment letter from the Joint Administrative Procedures Committee received on December 7, Comment letter from the Florida Court Reporters Association received on December 17, Final rulemaking package for Rules and , Fla. Admin. Code.