October 16, 2007

Lee County Commissioners
The Honorable Bob Janes, District 1
The Honorable Brian Bigelow, District 2
The Honorable Ray Judah, District 3
The Honorable Tammy Hall, District 4
The Honorable Frank Mann, District 5
 

Dear Commissioners:

I have been watching with interest and concern the County’s actions relating to the adoption of a moratorium on issuance of mining permits.  I understand that a one-year moratorium is slated for a final vote on October 23, 2007. Like you, I take my role as a public official and a citizen of Florida very seriously.  For me, that means a strong commitment to both Florida’s resources, private property rights and Florida’s economy.  As you will know, these commitments are very difficult and often times seemingly impossible to balance.

There is little doubt in my mind, then, that the imposition of a moratorium of any kind for any duration wreaks havoc on that balance and should be reserved for the most serious of circumstances.  Whether exigent circumstances exist in the case of the moratorium you will have before on the 23^rd is an issue only you all can decide.   An application for the mining of aggregate may seem like a proprietary issue that only benefits the company seeking to mine and sell the aggregate.  However, in many cases, the mining company will be providing good quality and a significant quantity of aggregate for the building of state roads.  A moratorium of permits for these types of facilities will do nothing more than contribute to the continued increase in costs and backlogs of roads, as well as the downfall of Florida’s economy.  

While Florida law may provide for a moratorium on the mining or extraction of construction aggregate materials, the law also clearly requires the imposition of a moratorium to be taken very seriously—that is, it must be of a very limited duration (no more than one year) because the “disruption of the supply [of aggregate] would cause a significant detriment to the state’s construction industry, transportation system, and overall health, safety, and welfare.”  (2007-196, L.O.F.)

I would hope that you would take a very thoughtful and considered approach to the adoption of any moratoria relating to the mining or extraction of aggregate materials.  I am particularly concerned with the treatment of any mining permit applications that are “in the process.”  Should you choose to go forward with the adoption, then I would respectfully request that a comprehensive study of the area and determinations be completed as quickly as possible.  The imposition of a moratorium is a severe action that should last only as long as necessary for you to determine the way to rebalance the scales.  Much of this information necessary to conduct these studies is readily available to you and your staff. 

Thank you for your time and consideration.

Michael S. “Mike” Bennett
DR/cre

Senator Michael S. "Mike" Bennett
District 21
3653 Cortez Road West
Suite 90
Bradenton, Fl  34210
941-727-6349

Tallahassee:
216 Senate Office Building
404 South Monroe St.
850-487-5080

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