Let's hope dedesignation bill dies on House floor
State Representative Ken
Sorensen of Key Largo wants to jettison the Florida Keys' designation as
an Area of Critical State Concern, and he wants to do it with
legislation rather than the process outlined by state law. There's a
reason.
To "dedesignate" the Keys
via the process outlined in state statute, the county would have to
establish that it has actually done its job in, among other things,
managing growth in ways that "enhance natural scenic resources, promote
the aesthetic benefits of the natural environment, and ensure that
development is compatible with the unique historic character of the
Florida Keys."
The county also would have
to convince the state it has protected marine, wetland and upland
environments, "provided adequate affordable housing for all sectors of
the population ...," and a laundry list of additional criteria referred
to as the Principles for Guiding Development.
Then, having convinced the
state Department of Community Affairs, the governor and the state
Cabinet, the county would have to go through an administrative process
that allows public input — something Sorensen and some county
commissioners abhor, particularly when it involves environmental groups.
Add to those circumstances
the fact that two local Keys governments, the cities of Key West and
Islamorada, oppose dedesignation.
In other words, considering
the Monroe County Commission's dubious track record for playing by the
rules, its bellicose behavior toward constituents who challenge its
decisions, and a lack of consensus among local governments, its chances
of success are on a par with the proverbial snowball in hell.
So, Sorensen plans to remove
what he calls "that onerous status" through a local bill filed in the
state House of Representatives. Legislators seldom oppose a fellow
legislator's local bills.
"... Let's get this done,
declare victory before we are both a part of Florida's history!," he
told Gov. Jeb Bush in a November e-mail, referring to the fact that both
he and the governor are serving their final terms.
But Sorensen's shortcut may
be a rocky road as well.
We were puzzled when, a few
weeks back, Bush told The Citizen he would not veto a Sorensen bill
seeking dedesignation. But after looking at a draft of the bill, which
has not yet been filed, we suspect the governor may not be too worried
about seeing it come across his desk.
A draft obtained by The
Citizen, dated Jan. 23, 2006, would require six different amendments in
four different sections of state statutes — essentially amending
statutes to allow "areas designated as an area of critical state concern
for at least 20 consecutive years prior to removal of the designation"
to reap all the benefits derived from critical concern status without
the responsibilities and state oversight. Rather than requiring the
county to attain its land-use goals before dedesignation, the bill would
require only "substantial progress" — and the state's assessment of that
progress would be subject to judicial review by a circuit court.
The bill also would make the
state liable in lawsuits involving county land-use regulations —
particularly those enacted under the county's critical concern status.
We suspect Mr. Sorensen is
dreaming if he expects the Legislature to hand Monroe County — already
perceived in Tallahassee as a wealthy county — this bowl of plums. Local
bill or not.
Sorensen's reign as state
representative has been marked by mean-spirited rhetoric, political
favors and dirty political turf wars. If anything, he has taken Monroe
County further from the point at which it could be trusted to manage its
affairs in the best interest of Keys residents.
Critical concern designation
results in many benefits for the Keys, financial and otherwise. The time
for dedesignation has not come. Rather, it's time for our lame duck
representative to fade into Florida history without doing more harm.
— The Citizen
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