HomeMy WebLinkAboutR-87-0434J
i
J-87-466
5/14/87
RESOLUTION NO.
7-434
i
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A "POLITICAL SUBDIVISION PROGRAM
AGREEMENT", IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS.
i
WHEREAS, Chapter 9G-13 Post -Disaster Redevelopment Rule,
FAC, Rules of the State of Florida Department of Community
Affairs, Division of Emergency Management establishes criteria
for federal post -disaster assistance to political subdivisions in
coastal areas damaged by natural disasters; and
WHEREAS, a Post -Disaster Redevelopment Plan will be part of
1 the coastal management element of the Miami Comprehensive
Neighborhood Plan to be submitted to the State of Florida,
Department of Community Affairs, in September 1988; and
WHEREAS, until the Miami Comprehensive Neighborhood Plan is
found to be in compliance by the State of Florida, Department of
Community Affairs, with Chapter 163 Fla. Stat. the City of Miami
is required to have a Political Subdivision Program Agreement
acceptable to the Department of Community Affairs; and
WHEREAS, Section III, entitled "Liability," of the subject
Political Subdivision Program Agreement provides that the City
shall hold harmless the State of Florida Department of Community
Affairs, "to the extent authorized by law..." for all claims by
third parties arising out of the subject agreement; and
i
WHEREAS, pursuant to §768.28 Fla. Stat. (1985), it is the
a
belief and intent of the City that the liability of the City
i
assumed pursuant to the aforementioned paragraph shall be limited
to the amounts and procedures provided for under the sovereign
immunity provisions of Fla. Stat. §768.28 (1985), as amended.
Thus, the agreement proviso, "to the extent authorized by
law...;" is intended to be in accord with statutory sovereign
immunity provisions.
WHEREAS, execution of the aforementioned agreement
represents the best interests of the City; I v«= Comm
MEL"fiNG or
Esx�t�i�w:. $7-4
d
NOW, THEREFORE, BE IT RESOLVED
BY THE COMMISSION
OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager
is hereby authorized
to
execute a "Political Subdivision Program
Agreement",
in a form
i
acceptable to the City Attorney,
with the State
of Florida,
Department of Community Affairs.
PASSED AND ADOPTED this 14th
day of _ May
► 1987.
XAVIER SUA
Z
7 M A Y O R
ATTEST:
`tJMATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
L E . MAXWE L
AS ISTANT CITY ATTORNEY
JEM/db/M449
APPROV ,hS TO FORM AND
CORRE TASS :
?.L—Ue —A A. DOUGHE TY
CITY ATTORNEY
i
2_ 8 7--434
M
--y ATTACHMENT
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
POST -DISASTER REDEVELOPMENT RULE (CHAPTER 9G-13)
POLITICAL SUBDIVISION PROGRAM AGREEMENT
This agreement is entered into between the State of Florida,
Department of Community Affairs, hereinafter referred to as the
I
"Department", and hereinafter referred to as
the "Political Subdivision".
This agreement is being entered into pursuant to Chapter
252.35(2)(a), Florida Statutes, and Chapter 9G-13, Florida
Administrative Code. The parties mutually agree as follows:
I. Time of Performance.
A. This agreement shall begin upon execution by both
parties and shall end when the Political Subdivision's
Comprehensive Plan is determined to be in compliance pursuant to
Part II of Chapter 163, Florida Statutes. r
B. All activities performed by the Political
Subdivision pursuant to this agreement shall be completed before
the occurrence of a natural disaster which would result in an
application for federal. public disaster assistance. However, if
such a disaster occurs before August 1, 1987 and the•Political
Subdivision has made a good faith effort pursuant to Section
9G-13.004, Florida Administrative Code, the Department will find
the Political Subdivision -to be in compliance with this agreement
for such disaster.
II. Federal Post -Disaster Assistance to Coastal Areas.
A. Following a natural disaster, the Department shall
coordinate damage assessment with assistance from the appropriate
r-
federal, state, rf;gional, and local agencies. A purpose of this
damage assessment is to determine if public damage is potentially
eligible for public disaster assistance, pursuant to the Federal
Disaster Relief Act of 1974, as amended (Public Law 93-288).
Only the damage listed on the state's project application sub-
mitted to the Federal Emergency Management Agency is eligible for
public disaster assistance. The Department shall include in the
state's project.#,placation the potential a Jible damage of the
Political Subdivision, only if the political subdivision has --
complied with the terms of this agreement.
B. The Political Subdivision agrees to implement the
following:
(1) Building Codes. To comply with Section
j 161.56(1), Florida Statutes.
(2) Flooding. To participate in the National Flood
Insurance Program in conformance with the Federal Disaster Relief =
Act of 1974.
(3) Public Infastructure. To determine the
feasibility of eliminating, relocating, or structurally modifying
public infrastructure which has suffered natural disaster damage;
to implement such determinations as deemed cost effective or
otherwise appropriate by the political subdivision; and, in
public infrastructure relocated, modified or replaced, to
maintain no more than the same capacity, unless the capacity is
expanded as part of an approved post -disaster hazard mitigation
plan in accordance with Public Law 98-288.
(4 ) Public Information. To establish a public
information system, which includes:
(a) An emergency warning system to notify the
public of imminent emergencies;
(b) A method of notifying the public of the
potential dangers of an appropriate preparatory measures for
natural disasters;
(c) A method of notifying the public of flood
hazard areas; and
I (d) A method of notifying the public of
evacuation routes.
(5) Preventative Planning Measures. To implement
preventative planning measures to include provisions that sites
be designed to utilize and preserve the protective capability of
dunes and other natural topographical features and vegetation,
where feasible, to ameliorate storm damage.
y
` (6) / determine on a case -by-( a basis, whether
heavy industrial operation, with processes or products
potentially dangerous to public safety and the environment;.
schools; and mobile home parks; can be constructed or
reconstructed in a coastal high hazard area and to take action
as a result of such determination as deemed appropriate by the
political subdivision. In making such a determination, a
political subdivision shall consider the degree of hazard posed
by such construction or reconstruction, the potential advantages
to the environment by prohibiting such construction or
reconstruction, the degree of compliance with local zoning and
land development regulation and all appropriate provisions of
Chapters 161, 163, 187, and 380, Florida Statutes, the
availability of alternative sites for the location of such
facilities, the impact on public infrastructure of permitting the
construction or reconstruction, the costs to the community at
large, the effect on residents of the area, and the roosts to any
affected owners of real property.
III. Liability.
The Political Subdivision shall be solely responsible
in carrying out the terms of this ae7r,;�ement and to the extent
authorized by law shall hold the Department harmless against all
claims of whatever nature by third ;parties arising out the execu-
tion of this agreement.
IV. Notice and Contact.
1
(1) The contract manager for this agreement is
Gordon L. Guthrie, Department of Community Affairs, Division of
Emergency Management, (904)487-4918.
(2) The representative of the Political Subdivision
responsible for the administration of this agreement is
(3) In the event that different representatives are
designated by either party after execution of this contract,
notice of the name, address and phone number of the new represen-
tative will be provided in writing to the other party and said
notification attached to the original of this agreement.
-3-
8'7-6434 1$
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V. Terms-�t�nd Conditions.
The agreement contains
all the terms and conditions
agreed upon by the parties.
IN WITNESS WHEREOF, the
parties hereto have caused
this agreement to be executed by
their undersigned officials as
duly authorized.
POLITICAL SUBDIVISION:
BY:
i
Name and Title
Date
Witness
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
By:
Y
Name and Title
Date
s
8 7--4.34
r.
CITY OF MIAMI, FLORIDA 0
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM:
Cesar H. Odio
City Manager
DATE: MAY 0 61987 FILE:
SUBJECT: Resolution Authorizing
Execution of a
Political Subdivision
REFERENCES: Program Agreement
with the State of Florida
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached
resolution authorizing the execution of a Political Subdivision Program
Agreement, in substantially the form attached hereto, between the City of
Miami and the State of Florida, Department of Community Affairs, to provide
for certain redevelopment procedures in a post -disaster period, as required by
Chapter 9G-13 FAC, Post -Disaster Redevelopment Rule.
BACKGROUND
The Planning Department has become aware of certain post -disaster emergency
requirements through a letter from the Florida Department of Community Affairs
dated March 30, 1987 (attached). The Florida Department of Community
A faires ,
through Chapter 9G-13 FAC, Post -Disaster Redevelopment Rule,
facilitate the delivery of federal public disaster assistance and to institute
responsible preventative measures to minimize the effects of emergencies which
may be caused or aggravated by inadequate planning for, and regulation of,
public and private f acilities and land use through the implementation of
responsible hazard mitigation measures to prevent or minimize the effects of
natural disasters in the coastal areas of Florida. The Department seeks to
accomplish this purpose by this state post -disaster redevelopment rule which
requires political suladivisions in coastal areas to adopt certain responsible
preventative disaster preparedness measures in order to receive public
disaster assistance following a natural disaster.
Rule 9G-13 can be satisfied by two sequential procedures:
1. For the interim period until late 19881, the City may execute the
"Political Subdivision Program Agreement" with the Department of
Community Affairs; and
2. By September 1988, the City must submit an updated Miami
Comprehensive Neighborhood Plan in conformity with Chapter 163 F.S.
"Local Government Comprehensive Planning and Land Development
Regulation Act". To be judged to be in conformity, the Miami Plan
must include a Coastal Management element with, inter alia,
substantially the same provisions as the "Political Subdivision
Program Agreement in 1 above.
8'7-434
This rule chapter only applies to political subdivisions until the
political subdivision has its local government comprehensive plan
163,
determined to be in compliance pursuant to part II of Chapter of such pla
Florida Statutes. Once a determination of compliance o such
has been made, this rule chapter shall no longer apply
political subdivisions.
It is the judgment of the Planning Department that the agreement merely
i requires what
reasonable and prudent men would consider to be necessary in a
post -disaster period.
This rule chapter does not apply to any funds that provide individual
assistance under the Federal Disaster Relief Act of 1974 (Public Law 93-288).
CHO/SR
137 -434
0
ATTACHMENT
STATE OF FLORI DA
DEPARTMENT OF COMMUNITY AFFAIRS
2S71 EXECUTIVE CENTER CIRCLE, EAST • TALLAHASSEE, FLORIDA 32399
909 MARTINEZ
Governor
March 30, 1987
THOMAS G. PELHAM
Secretary
Mr. Cesar Odio, Manager
City of Miami
Post Office Box 330708
Miami, Florida 33133
Dear Mr. Od io :
Enclosed is the Department of Community Affairs'
amended Post -Disaster Redevelopment Rule, Chapter 9G-13,
Florida Administrative Code (FAC). The Rule applies to any
county or municipality required to develop a coastal manage.
went element for its.local-government comprehensive plan
pursuant to Sections 380.24 and 163.3177, Florida Statutes.
It also details certain programs and activities which must
be adopted or completed before the occurrence of a natural
disaster resulting in a local application for federal public
disaster assistance.
The affected political. subdivision can comply with
the Rule by either amending or adopting a hazard mitigation
plan which includes the preventative measures of Rule
9G-13.005, FAC, or contractually agreeing to the terms of
Rule 9G-13.005, FAC. A contract has been enclosed which you
may complete and return to us should you choose that option.
Otherwise, an appropriate hazard mitigation plan should be
forwarded to this office for rev
If you have any questions concerning Chapter
913-13, FAC, or your obligations under it, please contact
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
8 /-434
Mr. Cesar Odio
March 30, 1987 -
Page Two
Michael McDonald at the Department of Community Affairs,
Division of Emergency Management, 1720 South Gadsden Street, _.
Tallahassee, Florida 32399 (904/487-4915).
Sincerely,
Gordon L. Guthrie
Director
GLG/be
Enclosure
cc: Russ Camarda
Local Emergency Management
Agency
j
97--434
T
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
POST -DISASTER REDEVELOPMENT RULE (CHAPTER 9G-13)
POLITICAL SUBDIVISION PROGRAM AGREEMENT
WITH THE CITY OF MIAMI
This agreement is entered into between the State of Florida Department of
Community Affairs, hereinafter referred to as the "Department", and
hereinafter referred to as the "Political Subdivision".
This agreement is being entered into pursuant to Chapter 252.35(2)(a),
Florida Statutes, and Chapter 9G-13, Florida Administrative Code. The parties
mutually agree as follows:
I. Time of Performance
A. This agreement shall begin upon execution by both parties and
shall end when the Political Subdivision's Comprehensive Plan is determined to
be in compliance pursuant to Part II of Chapter 163, Florida Statutes.
B. All activities performed by the political Subdivision pursuant
to this agreement shall be completed before the occurrence of a natural
disaster which would result in an application for federal public disaster
assistance. However, if such a disaster occurs before August 1, 1987 and the
Political Subdivision has made a good faith effort pursuant to Section 9G-
13.004, Florida Administrative Code, the Department will find the Political
Subdivision to be in compliance with this agreement for such disaster.
II. Federal Post -Disaster Assistance to Coastal Areas.
A. Following a natural disaster, the Department shall coordinate
damage assessment with assistance from the appropriate federal, state,
regional, and local agencies. A purpose of this damage assessment is to
determine if public damage is potentially eligible for public disaster
assistance, pursuant to the Federal Disaster Relief Act of 1974, as amended
(Public Law 93-288). Only the damage listed on the state's project
application submitted to the Federal Emergency Management Agency is eligible
for public disaster assistance. The Department shall include in the state's
project application the potential eligible damage of the Political
Subdivision, only if the political subdivision has complied with the terms of
this agreement-
- I - 87-434 5
1
f�N
B. The Political Subdivision agrees to implement the following:
(1) Building Codes. To comply with Section 161.56(1), Florida
Statutes.
(2) Flooding. To participate in the National Flood Insurance
Program in conformance with the Federal Disaster Relief Act of 1974.
(3) Public Infrastructure. To determine the feasibility of
eliminating, relocating, or structurally modifying public infrastructure which
has suffered natural disaster damage; to implement such determinations as
deemed cost effective or otherwise appropriate by the political subdivision;
and, in public infrastructure relocated, modified or replaced, to maintain no
more than the same capacity, unless the capacity is expanded as part of an
approved post -disaster hazard mitigation plan in accordance with Public Law
93-288.
(4) Public Information. To establish a public information system,
which includes:
(a) An emergency warning system to notify the public of
imminent emergencies;
(b) A method of notifying the public of the potential dangers
of an appropriate preparatory measures for natural disasters;
(c) A method of notifying the public of flood hazard areas;
and
(d) A method of notifying the public of evacuation routes.
+ (5) Preventative Planning Measures. To implement preventative
planning measures to include provisions that sites be designed to utilize and
preserve the protective capability of dunes and other natural topographical
features and vegetation, where feasible, to ameliorate storm damage.
i
i (6) To determine on a case -by -case basis, whether heavy industrial
operation, with processes or products potentially dangerous to public safety
_i and the environment; schools; and mobile home parks; can be constructed or
reconstructed in a coastal high hazard area and to take action as a result of
such determination as deemed appropriate by the political subdivision. In
making such a determination, a political subdivision shall consider the degree
of hazard posed by such construction or reconstruction, the potential
advantages to the environment by prohibiting such construction or
reconstruction, the degree of compliance with local zoning and land
development regulation and all appropriate provisions of Chapters 161, 163,
187, and 380, Florida Statutes, the availability of alternative sites for the
location of such facilities, the impact on public infrastructure of permitting
the construction or reconstruction, the costs to the community at large, the
effect on residents of the area, and the costs to any affected owners of real
property.
III. Liability.
The Political Subdivision shall be solely responsible in carrying
out the terms of this agreement and to the extent authorized by law shall hold
the Department harmless against all claims of whatever nature by third parties
arising out the execution of this agreement.
IV. Notice and Contact.
(1) The contract manager for this agreement is Gordon L. Guthrie,
Department of Community Affairs, Division of Emergency Management,
(904) 487-4918.
(2) The representative of the Political Subdivision responsible for
the administration of this agreement is
(3) In the event that different representatives are designated by
either party after execution of this contract, notice of the name, address and
phone number of the new representative will be provided in writing to the
other party and said notification attached to the original of this agreement.
V. Terms and Conditions.
The agreement contains all the terms and conditions agreed upon by
the parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed by their undersigned officials as duly authorized.
- 3 - 87-434�
FOR THE CITY OF MIAMI, FLORIDA
ATTEST:
City Clerk
REVIEWED AND APPROVED BY:
-JOEL E. MAXWELL
Assistant City Attorney
DATE
CESAR H. DIO, CITY MANAGER
APPROVED AS TO FORM AND
CORRECTNESS:
LUCIA A. DOUGHERTY
City Attorney
FOR THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
By
Name and Title
Date 1987
— 4 - 87-434 R
ATTACHMENT
RULES OF TRH:
DEPARTMENT OF COIRTMITTY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
POST -DISASTER REDEVELOPMENT RULE
CHAPTER 9G-13
9G-13.001 Purpose
9G-13.002 Application.
9G-13.003 Definitions.
9G-13.004 Federal Post -disaster Assistance to Coastal
Areas.
9G-13.005 Preventative Measures
9G-13.001 Purpose. The Department of Community Nffairs
desires to facilitate the delivery of federal public disaster
assistance and to institute responsible preventative measures to
minimize the effects of emergencies which may be caused or
aggravated by inadequate planning for, and regulation of, public
and private facilities and land use through the implementation of
responsible hazard mitigation measures to prevent or minimize the
effects of natural disasters in the coastal. areas of Florida.
The Department seeks to accomplish this purpose: by tlli s state
post -disaster redevelopment rule which requires political
subdivisions in coastal areas to adopt certain responsible
preventative disaster preparedness measures in order to receive
public disaster assistance following a natural disaster. This
rule chapter establishes criteria for federal post -disaster
assistance to political subdivisions in coastal areas of the
state damaged by natural disasters in a manner designed to
preserve life and property through preparation for, response to,
recovery from, and prevention or minimization of the effects of
natural disasters.
Specific Authority: Section 252.35(2), F.S.
Law Implemented: Sections 252.35(2), 252.37(1) and (4), F.S.
History: New 4/23/86; Amended 01/06/87.
9G-13.002 Application.
(1) This rule chapter shall apply to political
subdivisions only until the political subdivision has its local
government comprehensive plan determined to be in compliance
8 7-434 9
pursuant to part 11 of chapter 163, Florida Statutes. Once a
determination of compliance of such plan has been made, this rule
chapter shall no longer apply to such political subdivision.
(2) This rule chapter shall not apply to any funds that _
provide individual assistance under the Federal Disaster Relief
Act of 1974 (Public Law 93--288) .
Specific Authority: Section 252.35(2), F.S.
Law Implemented: Section 252.35(2), F.S.
History: New 4/23/86; Amended 01/06/87.
9G-13.003 Definitions.
(1) "Coastal area" means that area specified in Sections
380.24 and 163.3177, Florida Statutes, for inclusion in a coastal
management element under the local government comprehensive
planning requirements of Part II of Chapter 163, Florida
Statutes.
(2) "Department" means the Department of Community
Affairs.
(3) "Public Disaster Assistance" means all funds that
provide public assistance to restore damaged or destroyed public
infrastructure under the Federal Disaster Relief Act of 1974
NEW
(Public Law 93-288). _
(4) "Division" means the Division of Emergency
Management of the Department of Community Affairs.
r
(5) "Dunes" means a mound or ridge or system of mounds
or ridges of loose sediments, usually sand -sized sediments, lying
landward of the beach within a coastal area, and deposited by any
natural or artificial mechanism.
i-
r' (6) "Public Infrastructure" means those manmade
structures which serve the common needs of a population for which
damage thereto may qualify for public disaster assistance.
(7) "Natural disaster" means an event, occurring in a
coastal area, including, but not limited to: hurricane, storm,
or tornado associated with a hurricane or storm; flood; high
water; wind -driven water; or tidal wave, causing a significant
loss of life or property beyond a political subdivision's ability
to respond and recover.
- io
- 87-�434,
(8) "Pol.`^al subdivision- means mn county or
municipality required to dQvel.op a coastal management element
for its local government comprehensive plan pursuant to Sections
380.24 and 163.3177, Florida Statutes.
(9) "Coastal high hazard areas" means areas designated
by local governments pursuant to Paragraph 163.3178(2) (h),
Florida Statutes, and includes areas which have historically
experienced destruction or severe damage, or are scientifically
predicted to experience destruction or severe damage, from storm
surge, waves, erosion, or other manifestations of rapidly moving
or storm driven water. These areas shall include all areas
within the local government's jurisdiction where public
facilities have been damaged or undermined by coastal storms,
Federal Emergency Management Agency designated V zones, areas
seaward of the coastal construction control line established by
the Florida Department of Natural Resources pursuant to Chapter
161, Florida Statutes, and inlets which are not structurally
controlled.
(10) "Heavy Industry" means all activities that are
associated with the processing, assembly, manufacture, and
storage of products as defined by local zoning codes and or
ordinances to constitute the classification of heavy industry,
and whose processes or products are potentially dangerous to
public safety and the environment.
Specific Authority: Section 252.35(2), F.S.
Law Implemented: Section 252.35(2), F.S.
History: New 4/23/86; Amended 01/06/87.
9G-13.004 Federal Post -disaster Assistance to Coastal
Areas.
(1) Following a natural disaster, the Division shall
coordinate damage assessment with assistance from the appropriate
federal, state, regional and local agencies. A purpose of this
damage assessment is to determine if public damage is potentially
eligible for public disaster assistance. Only the damage listed
on the state's project application submitted to the Federal
Emergency Management Agency is eligible for public disaster
assistance.
-..• - -^ .. - _ _
(2) The Division shall notify all political Rubdivisions
of the requirements of this rule chapter. Such notification
shall be in writing by certified nail, return receipt. A
-iihiact to the provisions of
-��-
political subdivision shall .A
this rule chapter until it has received the notification required
by this subsection.
(3) The Division shall include in the state's project
application, the potentially eligible damage of only those
political subdivisions which have:
(a) Adopted hazard mitigation plans to include the
preventive measures of Rule 9G-13.005, or
(b) Contractually agreed with the department to the
terms of Rule 9G-13.005.
(4) if a natural disaster occurs within 6 months after a
political subdivision has been notified of the requirements of
this rule chapter but before the political subdivision has
complied with the requirements of subsection (2) the political
subdivision shell be eligible to be included in the state's
project application if the political subdivision is proceeding in
good faith to comply with the reVirements of this rule chapter.
In determining good faith, the department :hall consider the time
which has elapsed since receipt of the department's notification
provided for in subsection (3); any evidence of the political
subdivision's intent to comply or not to comply with the
requirements of this rule chapter; and any extenuating
circumstances which the political subdivision brings to the
department's attention.
Specific Authority: Section 252.35, F.S. _
Law Implemented: Section 252.35(2), F.S.
History: New 4/23/86; Amended 01/06/87.
9G-13.005 Preventive Measures. In order to comply with
the requirements of 9G-13.004, political subdivisions shall adopt
hazard mitigation plans or agree to implement the following:
(1) Building Codes. To comply with section 161.56(1)
Florida Statutes,
(2) Flooding. To participate in the National Flood
8'7-434
w
Insurance Program ^1 n conformance with the °ear_ :al Disaster Relief
Act of 1974.
(3) Public Infrastructure. To determine the feasibility
of eliminating, relocating, or structurally modifying public
infrastructure which has suffered natural disaster damage; to
implement such determinations as deemed cost effective or
otherwise appropriate by the political subdivision; and, in
public infrastructure relocated, modified or replaced, to
maintain no more than the same capacity, unless the capacity is
expanded as part of an approved post disaster hazard mitigation
plan in accordance with Public Law 93-288.
(4) Public Information. To establish a public
information system, which includes:
(a) An emergency warning system to notify the public of
imminent emergencies;
(b) A method of notifying the public of the potential
dangers of and appropriate preparatory measures for natural
disasters.
(c) A method of notifying the public of flood hazard
areas; and
(d) A method of notifying the public of evacuation
routes.
(5) Preventative Planning Measures. To implement
preventative planning measures to include provisions that
sites be designed to utilize and preserve the protective
capability of dunes and other natural topographical features and
vegetation, where feasible, to ameliorate storm damage.
(6) To determine on a case by case basis, whether heavy
industrial operations, with processes or products potentially
dangerous to public safety and the environment; schools; and
mobile home parks; can be constructed or reconstructed in a
coastal high hazard area and to take action as a result of such
determination as deemed appropriate by the political subdivision.
In making such a determination, a political subdivision shall
consider the degree of hazard posed by such construction or
reconstruction, the potential advantages to the environment by
prohibiting such construction or reconstruction, the degree of
-- - - - _ - - - - _8'7,-434 . 13
compliance with local zoning and land development regulations and
all appropriate provisions of chapters 161, 163, 187, and 380,
Florida Statutes, the availability of alternative sites for the
location of such facili.ties,.the impact on public infrastructure
of erm ittin the construction or reconstruction, the costs to
permitting
the community at large, the effect on residents of the area, and
the costs to any affected owners of real. property.
'. Specific Authority: Section 252.35(2), F.S.
I•
i Law Implemented: Section 252.35(2), F.S.
History: New 4/23/86; Amended 01/06/87.
97 -434 1 � -