View Bills at Online Sunshine 

Issue Six
April 8, 2004

REMINDER

Please vote in the
APA-AICP National Election

DEADLINE:  April 16, 2004

Click HERE for Details!

FAPA's Bill Tracking Summary is posted to http://www.floridaplanning.org/legislative/index.asp.  The latest summary is dated April 7, 2004. 

REMEMBER, you may check the FAPA Bill Tracking Report at any time by going to the FAPA website at http://www.floridaplanning.org  and selecting the "Legislative Issues" tab or type in http://www.floridaplanning.org/legislative/index.asp.  You may also check the status of a bill or review bill text and amendments from the Florida Legislature's website at http://www.leg.state.fl.us.  Please bookmark these sites for easy access. 

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The House and Senate released their respective General Appropriations Bills (HB 1835 and SB 2500) and Appropriations Implementing Bills (HB 1837 and SB 2502) for FY 2004-05.  Regional Planning Councils are funded by the House at a level of $2 million, and in the Senate at $2.2 million.  The Florida Forever Program is fully funded in both the House and Senate at $300 million, and by virtue of this commitment, the Florida Communities Trust program is fully funded as well.  Florida Forever is funded this year through general revenue.  The House and Senate also appropriated the necessary $100 million for Everglades Restoration.

The Appropriations Bills in the House and Senate both reflect $5 million for the Rural and Family Lands Protection Act.  The House earmarked Florida Forever funds for this purpose, while the Senate dedicated general revenue.  The House and Senate also appropriated sums for land acquisition associated with the Wekiva initiatives.  However, a wide disparity exists between what each proposed. 

Unlike last year's difficulties, the Sadowski Affordable Housing Trust Fund was reauthorized by both the House and Senate, with final action taking place on Affordable Housing Day at the Capitol, April 1, 2004.

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Several bills are moving through the Legislature, which link water and land use planning.  HB 293 and SB 1104 require local governments to include projected water use in comprehensive plans and require water management districts to identify preferred water sources in their regional water supply plans.  HB 855 and SB 1142 include language providing for compatibility of population projections in regional water supply plans with local comprehensive plans.  HB 293 and SB 1142 have moved to the House and Senate floor, respectively, and HB 855 and SB 1104 are moving through their final committees.  

HB 1513, the platted lands legislation, passed its first committee of reference--House Local Government and Veterans' Affairs.  The Senate companion, SB 2548, was referred to the Senate Comprehensive Planning Committee, but is not yet on its agenda.  The urban infill bills, SB 2188 and HB 1593, have passed their first committees of reference and are continuing to move through the process.  The next stop for SB 2188 is the Senate Judiciary Committee, and for HB 1593, Transportation and Economic Development Appropriations. 

Many FAPA members have expressed concerns about HB 1495 and SB 2774, relating to the siting of wireless towers, especially with regard to the limitations on local land use authority in siting new antenna structures as well as other proposed changes to local government zoning and land use activities.  While the most offensive language has been removed from these bills, it could be amended back in or onto other bills during the final weeks of session.  Ask your legislators to oppose these bills and any amendments regarding wireless towers and antennas.

The Senate passed a bill that will change the constitutional amendment process in the following way if subsequently passed by the House:  requires 60% approval rather than 50%; tightens certain Supreme Court standards; and requires the submission of signatures eight months prior to an election.

HB 1477 makes significant changes to the existing transportation planning structure and funding priorities in the state to favor transportation projects on the Strategic Intermodal System (SIS).  The bill proposes to fund SIS facilities and transportation projects that are deemed to be of regional, statewide, or national significance.  In doing so, the bill eliminates the County Incentive Grant Program, the Transportation Outreach Program, and the Small County Road Assistance Program.  It also modifies allocation of the State Comprehensive Enhanced Transportation System.  The bill also creates a Regional Incentive Grant Program and a regional State Infrastructure Bank.  Finally, it retools state assistance to rural counties by creating and funding a Transportation Rural Initiative Program.  There is no Senate companion and numerous concerns are being heard regarding the proposed funding shifts.

SB 1712 and HB 1161, regarding agricultural economic development, substantially amends ss. 163.2514, 163.2517, 373.0361, and 373.236, F.S., and creates sections 70.005, 259.047, and 373.407, F.S.  In particular, the bills give an agricultural landowner, whose land has been rezoned or the residential density lowered resulting in an inordinate burden, an immediate cause of action under the Bert Harris Act with the time period between the filing of a claim and the filing of an action being reduced to 60 days from 180 days. It also establishes an "agricultural enclave" designation and provides that owners of such land may apply to amend the local government comprehensive plan and that their application will be deemed to be "in compliance" if it includes uses consistent with the surrounding industrial, commercial, and residential uses.  Both bills are moving through their committees of reference but are experiencing significant opposition from numerous parties, including the Florida Association of Counties and 1000 Friends of Florida.

The Florida League of Cities' and Florida Association of Counties' joint annexation recommendations are expected to be heard by the House Local Government and Veterans' Affairs Committee on April 15, 2004.  The language being presented may be amended to HB 985, which currently addresses the annexation appeals process.  Watch SB 2362 and SB 3072 for similar language and movement later that week. 

SB 1174, the DRI bill, is expected to be completely revised to replace the controversial language with a proposal to create a study group to review the DRI process and make recommendations to the Legislature.  The amendment creating the study group must be filed by late Friday afternoon of this week, and is expected to be heard in the Senate Natural Resources Committee on Monday.  The feedback and guidance of FAPA's Legislative Policy Committee and other members of FAPA was immeasurably helpful on this issue.  Thank you!

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The U.S. House of Representatives April 2 approved legislation (H.R. 3550) to renew the nation's surface transportation law (TEA-21), proposing to allocate more than $275 billion in federal funds for highways, bridges, transit and safety programs over six years.  After two days of debate and consideration of 23 pending amendments, House members passed the legislation by a vote of 357-60, an action that now sets the stage for Senate and House negotiations on a compromise bill. When Congress resumes work after the Easter recess, the House and Senate will appoint their respective leaders or conferees to begin negotiations to hammer out a final conference agreement.

As approved by the House, H.R. 3550 provides $51.5 billion for transit programs, about $217.5 billion in obligation limitations to the states for highway programs, another $4.4 billion for state equity funds and emergency relief, and the remaining funds for research, safety and other activities. According to the Administration's estimates, the House bill authorizes a total of $284 billion, well above the $275 billion that Speaker Hastert agreed to bring to the House floor and the Administration's request of $256 billion.
Importantly, H.R. 3550 preserves the basic ISTEA/TEA-21 program structure, although it diminishes resource commitments to funding the core program categories. It includes selected new initiatives such as the $1 billion commitment to a new Safe Routes to Schools program and a small pilot program for Transit in Parks. It provides for strong funding commitments to the transit program, follows the 80/20 funding split between highways and transit and retains the 80/20 matching share for all projects.

With regard to state funding equity, House members from states that expected further progress on the donor/donee issue through upward adjustments in TEA-21's minimum 90.5 percent rate of return failed to amend H.R. 3550 during Committee action and during floor debate. Rep. John Mica (R-FL) withdrew his equity amendment during Committee markup and an amendment offered by a group of Members, led by Johnny Isakson (R-GA), was defeated on a 170-251 vote.

As passed by the House, TEA-21's minimum guarantee of at least 90.5 percent return is preserved, but it applies to a smaller base of funding. TEA-21's minimum guarantee applied to about 93 percent of total highway dollars, as opposed to 84 percent under H.R. 3550. Funds for special member projects were in the base in TEA-21 but are excluded under H.R. 3550. In addition, H.R. 3550's shifts a larger share of the new dollars to fund new categorical programs, such as projects of national and regional significance and dedicated truck lanes. Funds for these programs, which total more than $23 billion, will be directed by Members of Congress and/or by the Bush Administration, rather than allocated by program formula to the states.

Committee leaders did pledge to make adjustments to provide more certainty for states that fall under the minimum guarantee, explaining that higher resource levels are key to providing more assurances to these states.

Source:  Surface Transportation Policy Project

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