Florida Chapter, American Planning Association FAPA LEGISLATIVE REPORT
 In This Issue: February 7, 2003 
•   Senate Files Budget?
•   Sadowski Trust Funds Alert
•   Fiscal Impact Analysis Model
•   Annexation and Infrastructure Funding
•   APA’s Legislative Update
•   FAPA Bill Tracking Report
 Senate Files Budget?
Senator Ken Pruitt, Chair of Senate Appropriations, announced yesterday that he was taking the Governor's recommended budget as presented, and filing it as the Senate’s budget proposal. This action could be in response to critical remarks made last week by House Speaker Byrd regarding the Senate’s willingness to look at options for expanding revenue sources. Obviously, many Senate appropriation subcommittee chairs were not pleased with losing control over their budgets. Filed as Senate Bill 1034, Relating to Appropriations, the Senate is stating that this is AN appropriations bill filed by Senator Pruitt and that the Senate is still planning to release THEIR official budget along with an implementing bill in the near future.
Source: Lester Abberger, FAPA Legislative Representative

 Fiscal Impact Analysis Model
Dr. Hank Fishkind of Fishkind & Associates, Inc., was hired by the Florida Department of Environmental Protection (DEP) to develop and test a fiscal impact analysis model (FIAM) that local governments could use when making land use decisions. The project was in response to a recommendation of the Growth Management Study Commission to, “[D]evelop a uniform model for evaluating the true cost of new development.” The project team, led by Dr. Fishkind, developed the FIAM using numerous specialized features, which are explained in detail in the final report found at www.fishkind.com/dep/pcommunities.html. The model was presented to the FIAM Steering Committee and Working group for review and comment, after which it was approved by DEP for field-testing. Seven pilot communities were chosen to test the model and FIAM project concepts: Orange County, Palm Beach County, Sarasota County, Sumter County, and the cities of Orlando, Hollywood, and Panama City Beach.

On Tuesday, February 4, 2003, Dr. Hank Fishkind of the economic consulting firm of Fishkind & Associates, Inc., presented an overview of the Fiscal Impact Analysis Model to the Senate Committee on Comprehensive Planning, Local, and Military Affairs. This was followed by comments from Richard Unger, a planner with the City of Orlando and FAPA’s Vice-President for Professional Development. During the discussion, it was noted that the FIAM would have limited usefulness for local planners without accurate local information being fed into the model. Dr. Fishkind stated that the results produced by the FIAM should not be the sole basis for land use decisions.

Senator Geller, Chair of the Committee, stated that legislation to implement the FIAM was not anticipated. The Senator added that he believed the Committee had the ability to influence and add input into decisions regarding what will go into the model and how it will be used. Senator Geller emphasized that the Governor wants a full cost accounting procedure to evaluate development impacts, and that this was not intended to be a mandate but rather a useful tool to calculate the cost of development. We will continue to keep you apprised of activity associated with this initiative.

FIAM Final Report

 APA’s Legislative Update
For those of you interested in Washington politics, APA has an outstanding legislative alert service entitled, “From Washington.” The January 21st issue addressed the President’s new wetlands guidance; reauthorization of TEA-21; new planning regulations for the Forest Service; and an announcement regarding Rep. Richard Pombo’s appointment to Chair of the House Resources Committee.

This last item should be of particular interest to planners. The APA alert reported the following:
Bypassing several members with greater seniority, House Republican leaders named California Rep. Richard Pombo as the new chairman of the Resources Committee. Rep. Pombo replaces former-Rep. James Hansen (R-UT) who retired. Rep. Pombo is the most noted private property rights advocate in the U.S. House of Representatives. He specifically cited his desire to focus on land-use and property rights issues in his pitch for the chairmanship to GOP leaders. As a member of Resources Committee, Rep. Pombo has often been a contentious figure. He pushed several radical takings amendments to bills on land conservation and coastal protection over the objections of many of his fellow Republicans, including previous GOP chairmen.

Rep. Pombo has frequently cited overhaul of the Endangered Species Act as a top priority, and he appears likely to push ESA legislation as chairman. He has previously supported drilling in the Artic National Wildlife Refuge and renewed off-shore drilling in California.

A fourth generation rancher who often appears in his trademark cowboy hat, Pombo has been a consistent critic of federal environmental laws, which he claims frequently impinge on property rights. He is expected to also be part of a push to revive federal takings legislation in the 108th Congress. He is a member of the Board of Advisors to Defenders of Property Rights and has received a perfect 100 percent rating each year from the American Land Rights Associations. In contrast, the League of Conservation Voters rate Pombo's environmental voting record as among the very worst in Congress. He scored 9 percent according to LCV in the last Congress.

This report and other issues of “From Washington” may be viewed on APA’s website at www.planning.org/fromwashington/index.htm

From Washington

 Sadowski Trust Funds Alert
When the Governor released his proposed budget, it included the elimination of the State Housing Trust Fund and the Local Government Housing Trust Fund and reallocated all funds to General Revenue. While appropriations for housing programs are proposed from general revenue, according to the Florida Housing Coalition, they are $89.9 million less than the amount that would be available from the dedicated revenue in the trust funds. Under the proposed budget, SHIP would lose $58.4 million and the State programs would lose $25.5 million. This is a tremendous blow to the accomplishments of the William E. Sadowski Affordable Housing Act of 1992. According to affordable housing advocates, if the Governor’s proposal is approved by the Legislature, there will no longer be a dedicated revenue source for affordable housing in Florida.

The Florida Housing Coalition developed a legislative alert, which lists the reasons why it would be a mistake to lose a dedicated revenue source for affordable housing. The list includes the following:

*Without a trust fund that can rely on a dedicated revenue source, housing funding will be uncertain, and will remain stagnant or decrease.

*Over 700,000 of Florida’s families are in immediate need of affordable housing (paying over 50% of their total household income for shelter).

*The trust funds serve Florida’s first time homebuyers, working families, the elderly, and the homeless.

*No state expenditure provides as much economic stimulus as affordable housing. The construction industry has a strong multiplier effect—more than 2-1. Combined with the fact that Florida’s housing programs leverage private sector investment (bank loans and equity) and federal funding at a ration of more than 4-1, each $1 million of state monies spent on housing provides over $8 million of economic activity and over 160 jobs. Under funding by $83.9 million will result in the loss of over $335 million of economic stimulus and thousands of jobs.

*The dedicated doc stamp revenue source was deliberately designed to be a growth tax- so that housing funding could keep pace with housing costs. Although the economy is not good, land and housing costs continue to escalate.

To take action, the Florida Housing Coalition recommends that the list of Legislators below be contacted and informed about the adverse impacts of eliminating the State Housing Trust Fund and the Local Government Housing Trust Fund.

Senator Jim King, President, Jacksonville, district includes parts of Duval, Flagler, Nassau, St. Johns, and Volusia counties, king.james.s08@flsenate.gov , 904.727.3600 (district), 850.487.5030 (Tallahassee)

Senator Ken Pruitt, Appropriation Committee Chair, Port St. Lucie, district includes Martin county and parts of Indian River, Okeechobee, Palm Beach and St. Lucie counties, pruitt.ken.s28@flsenate.gov , 772.335.8000 (district), 850.487.5088 (Tallahassee)

Senator Tom Lee, next President, Brandon, district includes parts of Hillsborough, Polk and Pasco counties, lee.tom.s10@flsenate.gov , 813.744.8683 (district), 850.487.5072 (Tallahassee)

Senator Dan Webster, Appropriation Subcommittee Chair, Orlando, district includes parts of Orange, Osceola, and Seminole counties, webster.daniel.s09@flsenate.com , 407.297.2064 (district), 850.487.5047 (Tallahassee)

Rep. Johnnie Byrd, Speaker, Plant City, speakerbyrd@myfloridahouse.com 850.488.0807 (Tallahassee), 813.752.5863 (district)

Rep. Randy Johnson, Speaker's Liaison, Orlando 850.488.0256 (Tallahassee), 407.877.0122 (district), johnson.randy@leg.state.fl.us

Rep. Alan Bense, likely next Speaker, Panama City, 850.488.9696 (Tallahassee) 850.914.6300 (district), bense.allan@myfloridahouse.com

Rep. Bruce Kyle, Appropriation Committee Chair, Ft. Myers, 850.488.1541 (Tallahassee) 941.335.2411, (district), kyle.bruce@leg.state.fl.us

Rep. Ken Sorensen, Local Government Committee Chair, Key West, 850.488.9965 (Tallahassee), 305.853.1947 (district), sorensen.ken@leg.state.fl.us

Rep. Marco Rubio, Majority Leader, Miami, 850.488.4092 (Tallahassee), 305.442.6939 (District), rubio.marco@leg.state.fl.us

Rep. Leslie Waters, Appropriation Subcommittee Chair, St. Petersburg, 850.488.6197 (Tallahassee), 727.545.6421 (district) waters.leslie@leg.state.fl.us

The Florida Senate

 Annexation and Infrastructure Funding
ANNEXATION

The 2002 Legislature enacted CS/SB 1906, which included the creation of s. 163.3177(6)(h)9, F.S. This particular paragraph included a requirement that the representatives of municipalities, counties, and special districts provide recommended statutory changes for annexation, including service delivery, to the Legislature by February 1, 2003.

In its 2003 Legislative Action Agenda, the Florida League of Cities states that it wants to strengthen the ability of municipalities to eliminate all enclaves regardless of size or use, and provide reasonable procedures to expeditiously annex areas that are contiguous to their boundaries. The Florida Association of Counties’ 2003 Legislative Program includes a policy statement that it will support reform of municipal annexation that prevents the creation of new enclaves; offers more mechanisms for eliminating existing enclaves; requires annexing municipalities to analyze and report on the fiscal effects of annexation in a timely manner; sets up a process for reimbursing counties for the adverse fiscal impacts associated with annexation; provides for a longer transition period for newly annexed property to switch from county to municipal growth management and regulatory control; and energizes local governments to locally solve inter-jurisdictional service delivery disputes.

On February 5, 2003, the Florida League of Cities, Florida Association of Counties, and Florida City County Management Association made presentations to the House Subcommittee on Local Affairs, further clarifying their positions regarding annexation reform. The parties acknowledged the missed deadline, but stated that they were nearing a compromise, which could include some of the recommendations found in the Florida City County Management Association’s Policy Statement on Annexation, prepared by Dr. Lance deHaven-Smith (Florida State University). We will continue to keep you informed of the progress made in this area.

INFRASTRUCTURE FUNDING

The Senate Committee on Comprehensive Planning, Local, and Military Affairs released another interim project entitled, “Review to Determine the Adequacy of Current Funding and Implementation Mechanisms for Growth Management Infrastructure.” According to the report, “the amount of money needed for future investment in Florida’s infrastructure is a matter of some debate, and various estimates have been developed. However, adequate, functioning infrastructure is essential for both growth and debt servicing capacity.” The report examines various local options for funding infrastructure as researched and reported in June 2002, by the Legislative Committee on Intergovernmental Relations.

The goal of the interim project was to provide committee members with options to address local government infrastructure needs, which could be legislatively implemented. Five categories were identified for addressing local infrastructure needs: non-revenue policy options; local revenue policy options; state revenue sources; state water revenue sources; and state transportation revenue sources. The options discussed under each category may be read in detail at www.flsenate.gov/Welcome/index.cfm. To date, a bill has not been filed.



 FAPA Bill Tracking Report
HB 0065
Relating to Schools/Small School Requirement
Kottkamp
Schools/Small School Requirement; repeals provision re small school requirement; corrects cross references & conforms language. Repeals 1013.43; amends 1001.42, 1003.02. EFFECTIVE DATE: 07/01/2003.
1/29/2003 HOUSE Referred to Education Innovation (EDK); Education K-20; Education Appropriations (AP); Appropriations

SB 0140
Relating to Interlocal Cooperation Act of 1969
Argenziano
Interlocal Cooperation Act of 1969; requires notification of host government if separate legal entity seeks to acquire public facilities serving populations outside jurisdiction of members of separate legal entity; provides for host government to respond within specified period; provides that host government may not prohibit such acquisition if it fails to respond within specified period; provides certain limitations & for retroactive application, etc. Amends 163.01. EFFECTIVE DATE: Upon becoming law.
12/20/2002 SENATE Referred to Comprehensive Planning; Communication and Public Utilities; Governmental Oversight and Productivity; Commerce, Economic Opportunities, and Consumer Services

SB 0156
Relating to Water Resources
Campbell
Water Resources; provides for restrictions on sale or transfer of water rights; provides for restrictions on permits for consumptive use of water; provides for severability. Amends 373.1501; creates 373.255. EFFECTIVE DATE: Upon becoming law.
1/10/2003 SENATE Referred to Natural Resources; Agriculture; Commerce, Economic Opportunities, and Consumer Services; Appropriations Subcommittee on General Government; Appropriations

SB 0186
Relating to Secretary of State/Community Affairs
Geller
Secretary of State/Community Affairs; expresses Legislature's intent to enact legislation to transfer powers & duties of Community Affairs Dept. to Secretary of State. EFFECTIVE DATE: 07/01/2003.
1/21/2003 SENATE Referred to Comprehensive Planning; Governmental Oversight and Productivity; Appropriations Subcommittee on Transportation and Economic Development; Appropriations; Rules and Calendar

SB 0286
Relating to Planning for School Growth
Geller
Planning for School Growth; amends procedures for coordinating efforts of local planning agencies & school districts toward planning for school growth. Amends 163.3174, 1013.33. EFFECTIVE DATE: 07/01/2003.
1/16/2003 SENATE Referred to Comprehensive Planning; Education; Appropriations Subcommittee on Education; Appropriations

SB 0402
Relating to Community Affairs
Webster
Community Affairs; expresses legislative intent to revise laws re community affairs. EFFECTIVE DATE: Upon becoming law.
2/4/2003 SENATE Referred to Comprehensive Planning; Appropriations Subcommittee on Transportation and Economic Development; Appropriations; Rules and Calendar

SB 0416
Relating to Department of State
Webster
Department of State; expresses legislative intent to revise laws re Department of State. EFFECTIVE DATE: Upon becoming law.
2/4/2003 SENATE Referred to Governmental Oversight and Productivity; Comprehensive Planning; Appropriations Subcommittee on Transportation and Economic Development; Appropriations; Rules and Calendar

SB 0432
Relating to Redevelopment/County & Municipality
Geller
Redevelopment/County & Municipality; expresses Legislature's intent to enact legislation re redevelopment of counties & municipalities. EFFECTIVE DATE: 07/01/2003.
2/4/2003 SENATE Referred to Comprehensive Planning; Appropriations Subcommittee on Transportation and Economic Development; Appropriations; Rules and Calendar

SB 0434
Relating to Growth Management/Urban Services
Geller
Growth Management/Urban Services; expresses Legislature's intent to enact legislation re growth management & provision of urban services. EFFECTIVE DATE: 07/01/2003.
2/4/2003 SENATE Referred to Comprehensive Planning; Appropriations Subcommittee on Transportation and Economic Development; Appropriations; Rules and Calendar

SB 0490
Relating to Growth Management
Constantine
Growth Management; expresses Legislature's intent to revise laws re growth management & annexation. EFFECTIVE DATE: Upon becoming law.
2/4/2003 SENATE Referred to Comprehensive Planning; Appropriations Subcommittee on Transportation and Economic Development; Appropriations; Rules and Calendar

SB 0540
Relating to Affordable Housing
Constantine
Affordable Housing; expresses legislative intent to revise laws re affordable housing. EFFECTIVE DATE: Upon becoming law.
2/4/2003 SENATE Referred to Comprehensive Planning; Appropriations Subcommittee on Transportation and Economic Development; Appropriations; Rules and Calendar

SB 0542
Relating to Growth Management
Constantine
Growth Management; expresses legislative intent to revise laws re growth management. EFFECTIVE DATE: Upon becoming law.
2/4/2003 SENATE Referred to Comprehensive Planning; Appropriations Subcommittee on Transportation and Economic Development; Appropriations; Rules and Calendar

SB 0546
Relating to Developments of Regional Impact
Constantine
Developments of Regional Impact; expresses legislative intent to revise laws re developments of regional impact. EFFECTIVE DATE: Upon becoming law.
2/4/2003 SENATE Referred to Comprehensive Planning; Appropriations Subcommittee on Transportation and Economic Development; Appropriations; Rules and Calendar

SB 0548
Relating to Community Redevelopment Agencies
Constantine
Community Redevelopment Agencies; expresses legislative intent to revise laws re community redevelopment agencies. EFFECTIVE DATE: Upon becoming law.
2/4/2003 SENATE Referred to Comprehensive Planning; Appropriations Subcommittee on Transportation and Economic Development; Appropriations; Rules and Calendar

SB 0554
Relating to WMD/Permitting Responsibilities
Constantine
WMD/Permitting Responsibilities; expresses legislative intent to revise laws re permitting responsibilities of water management districts. EFFECTIVE DATE: Upon becoming law.
2/4/2003 SENATE Referred to Natural Resources; Comprehensive Planning; Appropriations Subcommittee on General Government; Appropriations; Rules and Calendar

Sheri Coven, Chief Administrative Officer
Florida Chapter of the American Planning Association
2040 Delta Way, Tallahassee, Florida 32301
850/201-FAPA (3272)
fapa@floridaplanning.org
 www.floridaplanning.org

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