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FAPA CALLS FOR VETO OF SB 1712
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On May 20, 2004,
the Florida Chapter of the American Planning Association asked the
Governor to veto SB 1712. This bill will result in the premature
conversion of agricultural lands or "enclaves;" and as such,
will promote urban sprawl, compromise local governments' ability to
manage growth and provide infrastructure in a fiscally responsible
manner, and negate efforts to promote urban infill and
redevelopment. The bill also creates a new and unnecessary cause of
action under the Bert Harris Act. The text of FAPA's letter to the
Governor appears at the end of this bulletin.
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REAUTHORIZATION OF STATE & LOCAL HOUSING TRUST FUNDS IN
JEAPORDY
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The Florida Housing Coalition has issued an Action Alert and is
asking all affordable housing advocates to contact the Governor's Office
and urge the Governor to sign the State and Local Housing Trust Fund
Reauthorization Bills (SB 1000 and SB 1002). You may write, phone,
or email the Governor and urge him to sign these bills: The
Honorable Jeb Bush, The Capitol, Tallahassee,
Florida, 32399-0001;
(850) 488-4441; jeb.bush@myflorida.com.
According to the Florida Housing Coalition, they had been
anticipating that the Governor would agree to reauthorize the state and
local housing trust funds based upon the following facts:
1. The House and Senate
sent a strong message of their support by voting unanimously in favor of
reauthorization of the Trust Funds.
2. The Governor has indicated that he understands the importance of
the state and local housing trust funds to Florida's families and the economy.
3. The bill capping the trust funds was supported by the House,
Senate, and the Sadowski Coalition.
4. The failure of the cap bill to pass in the 2004 session would
not prevent a cap from being enacted in the 2005 session, with the same
effective date as was proposed in the 2004 session.
5. The reauthorization of the Housing Trust Funds is
what is needed for Florida's
families and Florida's
economy.
Unfortunately, at this time they are no longer confident of the
Governor's intention to sign the reauthorization bills into law. If
the State and Local Housing Trust Funds are not reauthorized, Florida
will no longer have a dedicated revenue source for affordable
housing. The future of all state and local housing programs are at
risk, and the thousands of hard working, elderly, and disabled Floridians
who need those programs may receive no assistance.
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BUDGET HIGHLIGHTS
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Department of Community Affairs
$2.35 million to Regional Planning Councils
$400,000 for Technical Assistance (Division of Community Planning)
$5,392,114 for Pre-Disaster Mitigation Program (includes funding for
Phase I projects)
$3,352,332 for Front Porch Florida
$35.9 million for the Community Development Block Grant Program
$66 million for Florida Forever Land Acquisition
Department of Transportation
$100 million for the State Intermodal System
$92 million for the State's airports
$25 million for the Small County Road Assistance Program
$20 million for economic development projects tied to transportation
$20 million for the Small County Outreach Program
$14.75 million for seaport security
Other
$193 million for the State and Local Housing Trust Funds
$5 million to the Department of Agriculture and Consumer Services for the
purchase of conservation easements and management leases under the Rural
and Family Lands Protection Act, which is otherwise not funded
$350,000 to the Small County Technical
Assistance Program
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BILLS THAT PASSED
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The descriptions below include bill provisions that are
primarily related to planning and growth management. The bills may
actually be broader than the information provided. You may click on the
bill number for more detail or go to the Florida Legislature's website at
http://www.leg.state.fl.us.
A FAPA Bill Tracking Report dated May
20, 2004, is now posted to FAPA's web site at http://www.floridaplanning.org.
SB
162, an Act Relating to Land Development Regulation
Approved by Governor; Chapter
No. 2004-37
*Provides that a development order issued by a local
government under its adopted land
development regulations, which is not the subject of a pending appeal and
where the time for
filing an appeal has expired, may not be abolished by a subsequent
judicial determination that
the regulation is invalid
*Provides that the bill's provisions do not affect the ability of an
individual to bring actions available in law and is retroactive to January 1,
2002
HB
293, an Act Relating to Water Resources
This bill has not yet been
presented to the Governor.
*Requires local governments to address in local
comprehensive plans the water supply sources necessary to meet and
achieve existing and projected water use demand
*Amends the date by which certain elements of a local comprehensive plan
are required to consider regional water supply plans to accommodate the
update of those plans
*Authorizes the district governing boards to adopt rules to identify
preferred water supply sources, which may be used to provide substantial
new water supplies for existing and future uses so long as existing water
resources and natural systems are sustained
*Authorizes the districts to require the use of reclaimed water in lieu
of surface or ground
water if the use of reclaimed water is environmentally, technically, and
economically feasible
*Directs DEP in consultation with others to develop a comprehensive
statewide water conservation program for public water supply
*Provides for a feasibility study for the augmentation of ground water
supplies in South
Florida and states that nothing in
the feasibility study can be used to alter the Comprehensive Everglades
Restoration Plan or the implementation of the federal Water Resources Act
of 2000
HB
539, an Act Relating to Developments of Regional Impact
Approved by Governor; Chapter No. 2004-10
*Provides that individual use guidelines and
standards for residential, hotel, motel, office, and retail developments
shall be increased by 100 percent for multi-use developments in urban
central business districts and regional activity centers under certain
conditions
*Creates a presumption that the extension of the date of build-out of an
areawide DRI by more than five years but less than 10 years does not
create a substantial deviation which would subject the development to
additional DRI review
SB
1214, an Act Relating to the Wekiva
Parkway and
Protection Act
This bill has not yet been
presented to the Governor.
*Implements the recommendations of the Wekiva River
Basin Coordinating Committee's
Final Report of March 16, 2004
*Creates Chapter 369, part III, F.S., the Wekiva
Parkway and Protection Act
*Defines and provides a legal description of the Wekiva
Parkway
*Requires the Wekiva Parkway
and related transportation facilities to follow the design criteria
contained in the recommendations of the Wekiva River Area Task Force
adopted by reference by the Wekiva River Basin Coordinating Committee
*Requires local governments in the Study Area to adopt amendments to
their local government
comprehensive plans to do the following: adopt an interchange land use
plan; ensure implementation of the master stormwater management plan;
establish land use strategies that optimize open space and promote a
pattern of development that protects the most effective recharge areas;
provide an up-to-date 10-year water supply facility work plan for
building potable water facilities necessary to serve existing and new
development.
*Exempts these comprehensive plan amendments from the twice-a-year
frequency limit.
*Requires DCA and the St. Johns River WMD to assure that any
comprehensive plan amendments that increase development potential
demonstrate that adequate potable water consumptive use permit capacity
is available
SB
1456, an Act Relating to the Department of Transportation
This bill has not yet been
presented to the Governor.
*Requires MPOs to develop plans that identify and
emphasize transportation facilities that serve national, state, and
regional functions including projects designated as part of the Strategic
Intermodal System
*Requires MPOs to consider the Strategic Intermodal System Plan when
developing their annual list of project priorities
*Repeals the Transportation Outreach Program, which focused on promoting
economic development through transportation projects
*Narrows the tax exempt status of the High Speed Rail Authority by
excluding associated development from the exemption, clarifying only
component parts of the high-speed rail system and certain financial
instruments are eligible for exemption
SB
1604, an Act Relating to Military Affairs
This bill has been presented
to the Governor. The Governor must act by June 4. The bill may become
law without the Governor's signature.
*Provides legislative findings on the compatibility
of land development around military installations and the necessity for
an exchange of information between local governments and military installations.
*Requires all local governments that contain a military installation to
transmit to that military installation information regarding proposed
changes to its comprehensive plan or land development regulations which,
if approved, could affect the intensity, density, or use of land adjacent
to or in close proximity to that installation
Allows a commanding officer or his or her designee to comment on the
effect that the proposed change would have on the mission of the military
installation
*Requires the local government to consider the comments of the commanding
officer in making its decision as well as transmit those comments to DCA
*Appoints a representative of the military installations in an affected
jurisdiction to serve as an exofficio non-voting member of that local
government's land planning or zoning board
*Requires affected local governments, as part of their future land use
plan element, to include the compatibility of uses on lands adjacent to
or closely proximate to a military installation with the respective
military installation as well as the criteria to be used in achieving
compatibility
*Provides that affected local governments must update or amend their
comprehensive plans to include such criteria and transmit the update or
amendment to DCA by 6/30/2006
and exempts this amendment from the twice-a-year frequency limit.
HB
1743, an Act Relating to Constitutional Amendments
Approved by Governor; Chapter
No. 2004-33
*Establishes a Financial Impact Estimating
Conference to prepare a financial impact statement of not more than 75
words for inclusion on the ballot for any constitutional initiative
measure that has received a threshold level of statewide and geographic
support
*Prescribes the make up of the Financial Impact Estimating Conference
*Requires the Financial Impact Estimating Conference to also draft a
financial information statement further detailing the financial impact of
the measure
SB
2188, an Act Relating to Land Development
This bill has not yet been
presented to the Governor.
*Finds that encouraging local governments to permit
accessory dwelling units (ADUs) to increase the availability of
affordable rentals serves a public purpose
*Authorizes a local government to adopt an ordinance allowing ADUs in any
areas zoned for single-family residential use based upon a finding that
there is a shortage of affordable rentals
*States that ADUs allowed under this ordinance shall count towards the
affordable housing component of the housing element in the local
government's comprehensive plan
*Requires the Department of Community Affairs to report to the
Legislature on 1/1/07
regarding the effectiveness of using ADUs to address the shortage of
affordable housing
*Recognizes the benefits of mixed-use, high density development and the
use of transfer of development rights in urban areas
*Requires DCA to provide technical assistance to encourage mixed-use,
high-density urban infill and redevelopment projects including the
promotion of TDRs
*Requires a local government to address water supply sources necessary to
meet existing and future water use demands in its comprehensive plan
*Revises the deadline for a local government to consider a regional water
supply plan in its comprehensive plan
*Eliminates the pilot project status for the Rural Land Stewardship Area
(RLSA) program
*Requires DEP, the WMDs, and the RPCs along with DCA to provide
assistance to local governments in designating rural land stewardship
areas
*States that RLSA designation should be encouraged as a future land use
map overlay
*Allows for multi-county RLSAs
*Reduces the 50,000 acre minimum threshold for a RLSA to 10,000 acres and
the 250,000 acre maximum threshold is eliminated
SB
2804, an Act Relating to Florida
Greenways and Trails
This bill has been presented
to the Governor. The Governor must act by May 28. The bill may become
law without the Governor's signature.
*Establishes the Legislature's intent to recognize
the efforts of the federal government
and private citizens in establishing the Florida National Scenic Trail
*Establishes legislative recognition of the economic benefit of
nature-based recreation
*Encourages all state, regional, and local agencies that purchase lands
to include lands over which the trail passes and to consider the trail a
single project with multiple phases for purposes of listing and
acquisition
*Repeals provisions requiring that greenways and trails lands be
purchased according to Chapter 260, F.S., thereby allowing the
acquisition of greenways and trails lands under the state's acquisition
process established in Chapter 259, F.S.
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BILLS THAT FAILED
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Among
those bills most closely watched by FAPA during the 2004 Legislative
Session, which failed to pass were the following:
SB
686 /HB 409 regarding coastal redevelopment
SB 1142/HB 855 regarding water resources
SB 1174/HB 1205 originally regarding DRIs and then smart growth study
commission (SB 1174 only)
SB 2294 /HB 777 regarding working waterfronts
SB 2548/HB 1513 regarding platted lands
SB 2774/HB 1495 regarding cell tower siting and wireless emergency
telephone system
SB 3002/HB 1795 regarding affordable housing
SB 1420/HB 1647 regarding changes to the Rural and Family Lands
Protection Act
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FAPA'S LETTER TO THE GOVERNOR RE SB 1712
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May 20, 2004
Dear Governor Bush:
On behalf of the Florida
Chapter of the American Planning Association, I am writing to you to veto
SB 1712, an act relating to agricultural economic development.
The Florida
Chapter of the American Planning Association (FAPA) supports the concept
behind the bill, which is to curtail urban sprawl by allowing
agricultural "enclaves" to convert to residential, commercial,
or industrial uses if the enclave is surrounded by development. Unfortunately,
SB 1712 is so broadly written, its terms so vaguely defined, and has no
size limitation provided for the enclave, that rather than achieving the
intended purpose, it will encourage the premature conversion of hundreds
of thousands of acres of agricultural lands and promote urban sprawl, at
great inefficient cost to local governments and with potential damage to
the natural environment.
In addition, SB 1712 creates an exemption for the
converted enclaves from the comprehensive planning process. If this
bill becomes law, it will undermine a local government's ability to
assess and practically plan for future growth and development in areas
where infrastructure is planned as part of its five-year schedule of
capital improvements, because unplanned large agricultural parcels will
suddenly be available for development. This bill will also
compromise state and local government efforts to encourage urban infill
and redevelopment, because so much agricultural land will suddenly be
available for development.
Furthermore, SB 1712 creates a new and unnecessary
cause of action under the Bert Harris Act for agricultural lands.
The Bert Harris Act already creates a cause of action for regulations
that inordinately burden vested rights or existing land uses. By
creating this new cause of action, which is internally inconsistent with
many of the provisions of the Bert Harris Act, it jeopardizes the success
of many state programs because it would discourage the use of clustering and
transfer of development rights. Clustering and transfer of
development rights are accepted concepts already used extensively in the
Rural Land Stewardship Act, which was modified by SB 2188 to encourage
its further use; the Rural and Family Lands Program; and the newly
enacted Wekiva River Basin Protection Act (SB 1214).
SB 1712 is an extreme example of state intrusion
into the local planning process and an impediment to home rule
authority. It will tie the hands of local governments to manage
growth and provide the necessary services and infrastructure for their
communities in the most fiscally responsible way. Therefore, FAPA
strongly urges you to veto SB 1712.
Sincerely,
Joe Bell, AICP
President
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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
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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.
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