HomeMy WebLinkAboutResolution No. 1984-07RESOLUTION NO. 84 77
A RESOLUTION REQUESTING THE DREVARD LEGISLATIVE
DELEGATION TO SPONSOR AND SUPPORT LEGISLATION
TO AMEND THE FLORIDA LOCAL UNWANTED LAND USE
(LULU) LAW; PROVIDING AN EFFECTIVE DATE.'
WHEREAS, at its 1983 session, the Florida Legislature adopted
the Florida Local Unwanted Land Use (LULU) Law, and
WHEREAS, the LULU Law provides a procedure whereby the
Florida Governor and Cabinet can override local zoning regulations
I
to authorize the siting of correctional facilities, and
WHEREAS, the LULU Law does not require the Governor and
Cabinet to hold public hearings in the local jurisdiction to
confirm that there is an overriding need, for the .siting of a
corrections facility prior to. making their decision, and
WHEREAS, the Florida League of Cities Task Force on Future
Florida and the City Council of the City of Cape Canaveral have
determined that amendments to the LULU Law are needed to preserve
municipal Home, Rule, and
WHEREAS, the State of Florida has mandated that municipalities
shall plan through the Comprehensive. Planning Act and the LULU Law
would override the Comprehensive Plan,
NOW, THEREFORE, DE IT RESOLVED by the City Council of the City
of Cape Canaveral, Florida, as follows:
SECTION 1.. The Drevard Legislative Delegation is hereby
formally requested to sponsor and support legislation at the 1984
Session of the Florida Legislature to amend the LULU Law to provide
for State overrides of local zoning decisions for siting . of corrections
facilities only when:
(a) The State has demonstrated a State or regional need
for the facility.
(b) The local government has been provided ample opportunity .
to provide an acceptable site.
(c) The State has exhausted all applicable local government
administrative remedies.
RESOLUTION NO. 84-7
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(d) The State's need to site the facility clearly
outweighs the local government's interest in
enforcing local regulations.
(e) The State makes the decision to override publicly
in the effected local jurisdiction following a full
public hearing held in the local jurisdiction.
SECTION 2. The City Clerk is hereby authorized and directed
to provide copies of this Resolution to all members of the Brevard
Legislative Delegation, all members of the Brevard League of
Municipalities, the Florida League of Cities, and Mr. Louis L.
Wainwright, Secretary of the Florida Department of Corrections.
SECTION 3. This Resolution shall become effective .immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 20th day of March 1984.
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Clerk Y
NAME
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CALVERT
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FISCHETTI
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NICHOLAS
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RUTHERFORD
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WINCHESTER
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RESOLUTION NO. 84 -7
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