The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

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F.S. 163.11

163.11 Biscayne Bay Commission.—

(1) The Biscayne Bay Commission is hereby established as an advisory council, as defined in s. 20.03, within the Department of Environmental Protection. The department shall provide administrative support and service to the commission as requested by the commission and within the available resources of the department. The commission shall comply with the requirements of s. 20.052 except as otherwise provided in this section.

(2) The commission shall serve as the official coordinating clearinghouse for all public policy and projects related to Biscayne Bay to unite all governmental agencies, businesses, and residents in the area to speak with one voice on bay issues; to develop coordinated plans, priorities, programs, and projects that might substantially improve the bay area; and to act as the principal advocate and watchdog to ensure that bay projects are funded and implemented in a proper and timely manner.

(3)(a) The Biscayne Bay Commission shall be comprised of the following members:

1. One member appointed by the Governor.

2. Three members of the Miami-Dade Board of County Commissioners, appointed by the board.

3. One member of the Miami-Dade County League of Cities who resides within the boundaries of a city that borders Biscayne Bay, nominated by the league and appointed by the Secretary of Environmental Protection. To the extent practicable, the league must nominate a member from each city that borders Biscayne Bay on a rotating basis.

4. One member of the South Florida Water Management District Governing Board who resides in Miami-Dade County, appointed by the board.

5. One representative of the Department of Environmental Protection, appointed by the Secretary of Environmental Protection.

6. One representative of the Fish and Wildlife Conservation Commission, appointed by the commission.

7. One representative of the Florida Inland Navigation District, appointed by the district.

(b) Members shall serve for a term of 4 years; however, for the purpose of providing staggered terms, the initial appointments of representatives of the South Florida Water Management District Governing Board, the Department of Environmental Protection, the Fish and Wildlife Conservation Commission, and the Florida Inland Navigation District shall be for a term of 2 years. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the initial appointment. Notwithstanding s. 20.052, private citizen members of the commission are not required to be confirmed by the Senate.

(d) Members of the commission shall serve without compensation and are not entitled to reimbursement for per diem and travel expenses pursuant to s. 112.061.

(4) The commission may meet monthly, but shall meet at least quarterly.

(5) The commission shall:

(a) Consolidate existing plans, programs, and proposals, including the recommendations outlined in the June 2020 Biscayne Bay Task Force report, into a coordinated strategic plan for improvement of Biscayne Bay and the surrounding areas, addressing environmental, economic, social, recreational, and aesthetic issues. The commission shall monitor the progress on each element of such plan and shall revise the plan regularly.

(b) Prepare a consolidated financial plan using the projected financial resources available from the different jurisdictional agencies. The commission shall monitor the progress on each element of such plan and revise the plan regularly.

(c) Provide technical assistance and support as needed to help implement each element of the strategic and financial plans.

(d) Work in consultation with the United States Department of the Interior.

(e) Provide a forum for exchange of information.

(f) Act as a clearinghouse for public information.

(6) The commission may establish subcommittees as necessary to carry out its responsibilities.

(7) The commission shall submit a semiannual report describing the accomplishments of the commission and each member agency, as well as the status of each pending task, to the Miami City Commission, the Miami-Dade County Board of County Commissioners, the Mayor of Miami, the Mayor of Miami-Dade County, the Governor, and the chair of the Miami-Dade County Legislative Delegation. The first report shall be submitted by January 15, 2022. The report shall also be made available on the Department of Environmental Protection’s website and Miami-Dade County’s website.

(8) This act does not affect or supersede the regulatory authority of any governmental agency or any local government, and any responsibilities of any governmental entity relating to Biscayne Bay remain with the respective governmental entity.

History.—s. 1, ch. 2021-47.

F.S. 163.11 on Google Scholar

F.S. 163.11 on Casetext

Amendments to 163.11

Arrestable Offenses / Crimes under Fla. Stat. 163.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.11.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SECURITIES EXCHANGE COMMISSION, v. MERRILL SCOTT ASSOCIATES, LTD. M. E. II, G., 505 F. Supp. 2d 1193 (D. Utah 2007)

. . . $16,622,163.11, which consists of disgorgement fees ($13,140,-000.00) plus prejudgment interest ($3,482,-163.11 . . .

MARLYS BEAR MEDICINE, II Jr. v. UNITED STATES SECRETARY OF THE DEPARTMENT OF INTERIOR,, 241 F.3d 1208 (9th Cir. 2001)

. . . . § 163.11(c) (requiring the prescription of “sound economic and silvicultural and other forest management . . .

CHICKASAW NATION, v. STATE OF OKLAHOMA OKLAHOMA TAX COMMISSION, E. L., 31 F.3d 964 (10th Cir. 1994)

. . . . § 163.11(I)(5). . In White Mountain Apache Tribe v. . . .

In BLUE LAKE FOREST PRODUCTS, INC. a HOOPA VALLEY TRIBE, a v. HONGKONG AND SHANGHAI BANKING CORPORATION, LIMITED, a a Sr. F., 30 F.3d 1138 (9th Cir. 1994)

. . . advertisement of sales, § 163.8, deposit requirements, § 163.10, acceptance and rejection of bids, § 163.11 . . .

In BLUE LAKE FOREST PRODUCTS, INC. a HOOPA VALLEY TRIBE, a v. HONGKONG AND SHANGHAI BANKING CORPORATION, LIMITED, a a Sr. F., 30 F.3d 1138 (9th Cir. 1994)

. . . advertisement of sales, § 163.8, deposit requirements, § 163.10, acceptance and rejection of bids, § 163.11 . . .

CITIZEN BAND POTAWATOMI INDIAN TRIBE OF OKLAHOMA, v. OKLAHOMA TAX COMMISSION, 975 F.2d 1459 (10th Cir. 1992)

. . . Okla.Stat.Ann. tit. 37, § 163.11 B (West 1990). . . .

In P. KONOPKA P. J. OMNIBANK AURORA, N. A. v. P. KONOPKA P. J., 61 B.R. 237 (Bankr. D. Colo. 1986)

. . . these Debtors in the aggregate principal amount of $2,736.74 plus interest to the date of hearing of $163.11 . . .

In AMERICAN POUCH FOODS, INC. UNITED STATES v. AMERICAN POUCH FOODS, INC., 30 B.R. 1015 (N.D. Ill. 1983)

. . . . § 163.11 (1982). . . .

ONEIDA TRIBE OF INDIANS OF WISCONSIN, v. STATE OF WISCONSIN C. La, 518 F. Supp. 712 (W.D. Wis. 1981)

. . . . § 163.11(1) confers the privilege of conducting bingo games on certain favored or nonprofit organizations . . .

WALKER v. HALL,, 399 F. Supp. 1304 (W.D. Okla. 1975)

. . . . §§ 163.7 and 163.11. . . .

PHOENIX MUTUAL LIFE INSURANCE COMPANY v. J. McLEAN, 263 F. Supp. 246 (E.D. Pa. 1967)

. . . /29/62 — 161.97 9/12/62 - 150.59 9/28/62 - 162.17 10/12/62 - 156.92 631.65 Norton Simons 12/5/61 — $163.11 . . .

PECK v. KINNEY, 143 F. 76 (2d Cir. 1905)

. . . mother a further tax equal to one-third of the value of a life interest in plaintiff amounting to $163.11 . . .

PECK v. KINNEY,, 128 F. 313 (C.C.D. Conn. 1904)

. . . The legality of the assessment of $163.11 is determined, so far as this court controls, by the considerations . . .