View Bills at Online Sunshine 

 IN THIS ISSUE
FAPA Bill Tracking Summary

PCB 4:  Urban Infill and Redevelopment

Update:  Senate Select Committee on Constitutional Amendment Reform

More Diversions From the State Transportation Trust Fund

Issue Three
February 9, 2004


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FAPA BILL TRACKING SUMMARY

FAPA's Bill Tracking Summary is posted to http://www.floridaplanning.org/legislative/index.asp.  The latest summary is dated February 5, 2004.  The following bills were filed and added to the bill tracking summary over the past two weeks:

 SB 0410  Relating to Public Records Requirements/Exemption  Govt Oversight
& Productivity
 HB 0613  Relating to Constitutional Amendments/Initiatives  Rep.Kendrick
 HB 689  Relating to Electric Transmission Line Siting  Rep. Littlefield
 HB 849  Relating to the Wekiva River Basin Act  Rep. Brummer
 SB 1316  Relating to Renewable Energy  Sen. Bennett
 SB 1700  Relating to Constitutional Amendments  Sen. Cowin
 SB 1712  Relating to Agricultural Economic Development  Sen. Argenziano
 SB 1718  Relating to State Constitution/Amendments  Sen. Posey
 SB 1734  Relating to Constitutional Amendments/Initiative  Sen. Campbell

The Senate Committee on Comprehensive Planning, which hears the majority of bills tracked by FAPA, is meeting on Monday, February 16, 2004.  The very full agenda includes Proposed Committee Bill 4 on Urban Infill and Redevelopment (summary below); SB 268 relating to school growth planning, SB 1142 relating to water resources; SB 1310 relating to developments of regional impact; SB 1316 and SB 1492 relating to renewable energy; and SB 1392 relating to community development districts.  

For those of you that have access to WFSU's Florida Channel, it often broadcasts the meetings of  the Senate Comprehensive Planning committee.  To check the broadcast, on Monday morning, go to http://www.wfsu.org/Florida_Channel/florida-channel.htm, page down and click on Daily Broadcast Schedule. 

REMEMBER:  Bills may be viewed or downloaded from the Legislature's Official Website at http://www.leg.state.fl.us.

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PCB 4:  URBAN INFILL AND REDEVELOPMENT

The following is a summary of Proposed Committee Bill 4, Urban Infill and Redevelopment, by the Senate Committee on Comprehensive Planning, The Honorable Steve Geller, Chair:

Section 1:  The proposed committee bill amends s. 197.502(8), F.S., to provide that lands available for taxes, which revert to the county three years after being offered for public sale, shall escheat to the county free and clear of all tax certificates and accrued taxes.  Further, the bill specifies that liens of any nature against the property are cancelled and the clerk is required to issue an escheatment tax deed vesting title in the board of county commissioners where the property is located.
 
Section 2:  This bill amends s. 163.3177(11), F.S. to provide legislative findings regarding the benefits of mixed-use high-density development for urban infill and redevelopment areas.  It also expresses legislative intent to discourage single-use zoning in those areas.  The bill requires the Department of Community Affairs (the Department) to provide technical assistance, including a model ordinance, to encourage mixed-use, high-density urban infill and redevelopment projects.
 
In addition, the bill also amends 163.3177(11), F.S. to provide legislative findings regarding a program for the transfer of development rights in urban areas.  It expresses legislative intent to encourage high-density development in urban infill and redevelopment areas while protecting historic structures and open spaces.  The bill requires the department to provide technical assistance, including a model ordinance that promotes the transfer of development rights for urban infill and redevelopment projects.
 
Section 3:  The bill provides legislative findings on the lack of affordable rentals for very-low-income, low-income, and moderate-income persons.  The bill makes a finding that encouraging local governments to permit accessory dwelling units to increase the availability of affordable rentals serves a public purpose.  It provides definitions for the following terms:  accessory dwelling unit, affordable rental, local government, low-income persons, moderate-income persons, and very-low-income persons.

The bill also authorizes a local government to adopt an ordinance allowing accessory dwelling units (ADUs) in any areas zoned for single-family residential use based upon a finding that there is a shortage of affordable rentals in its jurisdiction.  Each ADU that meets the definition of an affordable rental and is occupied by a very-low-income, low-income, or moderate-income person or persons on January 1 of each year shall count towards the affordable housing component of the housing element in the local government's comprehensive plan.  Finally, the bill requires the department to report to the Legislature on January 1, 2007, regarding the effectiveness of using ADUs to address a local government's shortage of affordable house.  The report must include the number of ordinances adopted under this section and the number of ADUs created under those ordinances.
 
Section 4:  The bill provides that the act shall take effect on July 1, 2004.

Source:  Proposed Committee Bill 4 Staff Analysis and Economic Impact Statement

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UPDATE:  SENATE SELECT COMMITTEE ON CONSTITUTIONAL AMENDMENT REFORM

On February 3, 2004, the Senate Select Committee on Constitutional Amendment Reform met to discuss changes to the citizen initiative process for constitutional amendments.  Among the many suggestions presented, some were deemed to make it too difficult for citizens to place constitutional amendments on the ballot.  Among those were the following:  abolishing the citizen initiative process as presented in the House; requiring a majority vote within the majority of the counties; requiring a greater geographic distribution of votes; and increasing the number of signatures required.

However, other proposals were met with positive feedback, such as requiring the vote for passage to be raised from a majority vote to a 3/5 super-majority.  Others recommended a 55% vote.  It was agreed that any change made with regard to the vote for passage would be applied to all initiatives.  Other proposals ripe for discussion included the following:  requiring a majority vote of 3/5 of legislative districts at 51% each; requiring a majority vote of electors in legislative districts; requiring initiatives to go through elections twice; shortening the time period in which signatures are collected from 48 months to either 24 or 36 months; and applying an earlier deadline for the gathering of signatures.  Currently it is 90 days prior to election, a change to 180 days was recommended. 

We will continue to keep you apprised of developments with regard to this issue as they arise.

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 MORE DIVERSIONS FROM THE STATE TRANSPORTATION TRUST FUND
 
Legislation has been introduced in both the House and Senate that would divert monies currently going into the Transportation Trust Fund from the Rental Car Surcharge (see HB 491 and SB 1630); this is in addition to the Governor's budget recommendation, which diverts $100 million from the Trust Fund.  According to Floridians for Better Transportation, statistics obtained from FDOT indicate that this legislation would cost $144 million over ten years.  The Governor's office is currently soliciting views on HB 491 and SB 1630.  FAPA's Legislative Program and Policies contains a position statement in support of the integrity of all Trust Funds for their stated use.  Therefore, in consideration of that position statement, FAPA informed the designated Governor's Office representative that it is opposed to the revised allocations of proceeds from the rental car surcharge as described in these two pieces of legislation. 

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Sheri Coven, Executive Director
Florida Chapter of the American Planning Association
2040 Delta Way, Tallahassee, Florida 32301
Phone:  850/201-FAPA (3272)
Email: 
fapa@floridaplanning.org
Web Site:  www.floridaplanning.org

The Florida Chapter of APA provides statewide
leadership in the development of sustainable
communities by advocating excellence in
planning, providing professional development for
its members, and working to protect and enhance the natural and built environments.