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A
somewhat frenzied legislative session came to a close late last
Friday, shortly after midnight. FAPA staff
worked closely with Legislators, Legislative staff and interested
stakeholders throughout the Session to ensure the best possible outcome,
particularly on the more contentious legislative issues. We were
successful in some areas, but as goes with the territory, not all.
The most significant growth related bills tracked by FAPA that passed
this session are reported below. This report is taken from
LobbyTools, a web-based tracking tool FAPA uses to monitor legislative
progress during the session. FAPA commentary is provided in
the blue type. If you experience difficulty with any of the links,
you can look up House and Senate bills at http://www.flsenate.gov/ or
http://www.myfloridahouse.gov/.
The report is as follows:
HB
0273 Relating to Outdoor Advertising Signs (Mayfield)
Outdoor Advertising Signs;
revises provisions re proximity of vegetation & beautification
projects to said signs; specifies distances that constitute view zone on
interstate highways, expressways, federal-aid primary highways, and State
Highway System for said signs; provides for claim of violation of view
zone clearance requirements; revises provisions for height increase of
certain outdoor advertising signs, etc. Amends 479.106,.25. EFFECTIVE
DATE: Upon becoming law.
HB
0683 Relating to Growth Management (Traviesa)
Growth Management; revises
provisions for filing certain interlocal agreements & amendments;
encourages local governments to adopt recreational surface water use
policies; provides criteria for calculating certain deviations; removes
waterport & marina developments from development-of-regional-impact
review; provides that vesting provisions re authorized developments of
regional impact are not applicable to certain projects, etc. Amends FS.
EFFECTIVE DATE: 07/01/2006. (Note: This bill makes numerous
changes to the DRI process and was developed through extensive
negotiations among the stakeholders, ably guided by Senator Bennett
and Representative Traviesa who were instrumental in striking a
balance among the many competing interests.)
HB
0749 Relating to Sewage Treatment & Disposal Systems (Bowen)
Sewage Treatment & Disposal
Systems; requires county commissions to include certain studies for
construction of new proposed sewerage system or extension of existing
sewerage system in certain reports; authorizes local governments &
certain water & sewer districts to grant variances from connecting to
publicly owned or investor-owned sewerage system under certain
circumstances; authorizes DOH or its agents to require repair or
replacement of drainfields, etc. Amends FS. EFFECTIVE DATE: 07/01/2006. (Note: Compromise language requires local
governments to evaluate the use of septic tanks prior to extending water
and sewer lines).
SB
0980 Relating to Electric Transmission & Distribution
(Alexander)
Electric Transmission
& Distribution; defines term "distribution electric
substation"; provides criteria for adoption & enforcement by
local government of land development regulations for new electric
substations; provides timeframe & procedures for local government to
approve or deny application for electric substation; provides for
supervision of vegetation maintenance & tree pruning or trimming
activities, etc. Creates 163.3208,.3209, 186.0201; amends 186.513.
EFFECTIVE DATE: Upon becoming law. (Note: As originally filed, this bill would
have allowed electrical substations in any land use category, however, it
was successfully amended to exempt conservation and preservation land
uses.)
HB
1015 Relating to Agricultural Economic Development (Pickens)
Agricultural Economic
Development; provides deadline for owner of agricultural land to present
claim prior to filing action against governmental entity re private
property rights; provides for application for amendment to local
government comprehensive plan by owner of land that meets certain
provisions of definition of agricultural enclave; provides requirements
re purchase of land on which agricultural lease exists, etc. Amends
70.001, 163.3162,.3164, Ch. 373; creates 259.047. EFFECTIVE DATE: Upon
becoming law. (Note: This "agricultural enclave"
bill passed the Florida Legislature two years ago and was vetoed by the
Governor. While it failed last year, its primary
proponent, the Florida Farm Bureau, was successful in securing its
passage this year. FAPA has consistently opposed this bill
which preempts local government decision-making authority and may
encourage the premature development of agricultural lands.
Compromise language did reduce the size of an agricultural enclave
that can be converted to a similar surrounding land use and in the final
days of session, may have included other criteria not seen in
previous versions of the bill.)
HB
1115 Relating to South Fla. Regional Transportation (Greenstein)
South Fla. Regional
Transportation; revises language re powers & duties of South Fla.
Regional Transportation Authority; deletes term "commuter
rail"; provides pledge to bondholders that state will not alter
certain rights vested in authority that affect rights of bondholders
while bonds are outstanding; revises provisions for funding of authority;
requires counties served by authority to annually transfer certain funds
before certain date, etc. Amends 343.54,.55,.58. EFFECTIVE DATE: 07/01/2006.
SB
1194 Relating to Growth Management (Constantine)
Growth Management; creates
"Interlocal Service Boundary Agreement Act"; provides
legislative intent re annexation & coordination of services by local
governments; provides for creation of said agreements by county & one
or more municipalities or independent special districts; requires that
emergency medical services be provided by existing provider to annexed
area with certain exceptions; creates "Florida Impact Fee Act",
etc. Amends FS. EFFECTIVE DATE: Upon becoming law. (Note: This service
delivery/annexation bill was amended to include the "Florida
Impact Fee Act," which essentially implements the
recommendations of the Impact Fee Task Force).
HB
1299 Relating to Areas of Critical State Concern (Sorensen)
Areas of Critical State
Concern; authorizes continued levy of tourist impact tax for certain
period in areas of critical state concern removed from designation; provides
requirements, procedures, & criteria for Administration Commission
removal of designation of Fla. Keys Area as said area; requires review of
proposed comprehensive plans & amendments to existing plans after
removal of designation & provides review criteria, etc. Amends Ch. 380, 125.0108, 212.055. EFFECTIVE DATE: 07/01/2006. (Note: Negotiations resulted in pushing
back the dates for consideration of de-designation from 2006-2007 to
2008-2009).
HB
1359 Relating to Hazard Mitigation/Coasts/Hurricanes (Benson)
Hazard
Mitigation/Coasts/Hurricanes; specifies entities that are authorized to
install or authorize installation of rigid coastal armoring structures;
requires Emergency Mgmt. Div. to manage certain hurricane evacuation
studies; provides that application of development policies shall be at
discretion of local government; authorizes local governments to amend
comprehensive plans to increase residential densities for certain
properties, etc. Amends Ch. 163, 161.085, 381.0065. EFFECTIVE DATE: Upon
becoming law. (Note: This
bill could be damaging to rural and undeveloped parts of the state
by making coastal development easier in these areas but more
difficult in urbanized coastal areas due to a coastal density
limitation.)
HB
1363 Relating to Affordable Housing (M. Davis)
Affordable Housing; provides
for disposition of county property, municipal property, & state lands
for said housing; provides legislative findings & intent re changes
in land use affecting mobile home parks; revises limitation re small
scale comprehensive plan amendments involving construction of affordable
housing units; creates Manny Diaz Affordable Housing Property Tax Relief
Initiative; provides for additional powers of Fla. DCA, etc. Amends FS.
APPROPRIATION. EFFECTIVE DATE: 07/01/2006 except as
otherwise provided. (Note: While we are pleased that Representative
Mike Davis was successful in passing this comprehensive affordable
housing bill, the Legislature did not fully fund the Sadowski Affordable
Housing Trust Fund).
HB
1567 Relating to Eminent Domain (Rubio)
Eminent Domain; restricts
certain transfers of property taken by eminent domain to certain natural
persons or private entities; requires disclosure of eminent domain
authority in resolutions finding slum or blight conditions; provides that
power of eminent domain does not vest in community redevelopment agency
but rather with governing body of county or municipality; revises eminent
domain authority & procedures, including notice, hearings, etc.
Amends FS. EFFECTIVE DATE: 07/01/2006.
(Note: This bill
significantly restricts the use of eminent domain by local
governments in addressing slum and blight.)
HB
1569 Relating to Eminent Domain (Rubio)
Eminent Domain;
constitutional amendment to prohibit transfer of ownership or control of
private real property taken by eminent domain pursuant to petition filed
on or after January 2, 2007, to any natural person or private entity,
except that ownership or control of such property may be conveyed to
specified natural persons or entities in specified circumstances, etc.
Amends s. 6, Art. X. (Note: This bill similarly restricts the use of
eminent domain by local governments.)
HB
1583 Relating to Community Redevelopment (M. Davis)
Community Redevelopment;
defines term "taxing authority"; revises criteria for notice to
taxing authorities; authorizes local governing body to adopt resolution
establishing slum & blight study area under certain circumstances;
revises provisions re powers of counties, municipalities, & community
redevelopment agencies; revises provisions re projects ineligible for
increment revenues; revises provisions re redevelopment trust funds, etc.
Amends Ch. 163. EFFECTIVE DATE: 07/01/2006.
SB
1774 Relating to Building Codes (Constantine)
Building Codes; authorizes
Fla. Building Commission to update & modify standard for wind design;
authorizes said commission to adopt certain limited amendments to Fla.
Building Code pursuant to rule adoption procedures for certain purposes
after triennial updates; provides for use of private providers of
building code inspection services under certain circumstances; defines
term "fire hydrant" for purpose of Fla. Fire Prevention Code,
etc. Amends FS. EFFECTIVE DATE: 07/01/2006.
SB
1948 Relating to Coastal Property/Sale/Disclosures (Smith)
Coastal
Property/Sale/Disclosures; revises requirements for disclosures that must
be provided by seller of coastal property to purchaser; provides that
failure to deliver disclosure, affidavit, or survey does not create right
of rescission or impair title to property. Amends 161.57. EFFECTIVE DATE:
07/01/2006.
With regard to the funding issues we followed, the Legislature
approved $310 million for the acquisition of Babcock Ranch; $300 million
for Florida Forever; $25 million for Lake Okeechobee; and $514 million
for affordable housing.
A detailed analysis of these bills will be conducted over the
next several weeks and a more thorough report will appear in the
June/July issue of Florida Planning as
well as posted to FAPA's website. In the meantime, if you have
any specific questions regarding these or any other bills, please
feel free to email your questions to fapa@floridaplanning.org or
call the Chapter Office at 850.201.3272. We want to again
thank all of the FAPA members that took the time to
review legislation and provide feedback during the Session. As
we've said before, your input and expertise are
invaluable.
~ Lester Abberger & Sheri Coven
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