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RECEPTION INVITATION
APA Florida members attending the APA Conference
in Las Vegas are cordially invited to the annual APA Florida/Florida Planning Schools Joint Reception
on Tuesday, April 29th from 6:00 p.m. to 7:30 p.m. at Bally's Skyview 1 Room.

Hosted by APA Florida and the Planning Schools at
FAU, FSU and UF

April 17, 2008


ANNOUNCEMENTS

APA FLORIDA 2008 ANNUAL CONFERENCE
Sponsorship and Exhibitor Opportunities
CLICK HERE FOR DETAILS
*********
SUBMIT YOUR NOMINATIONS FOR THE 2008 PROJECT AWARDS
CLICK HERE FOR DETAILS

APA Florida's latest Bill Tracking Report is dated April 15, 2008 and is posted to http://www.floridaplanning.org/legislative/bill_tracking_reports.asp.  These reports are updated and posted every few weeks.  You may also check the status of a bill or review bill text and amendments on the Florida Legislature's website at http://www.leg.state.fl.us.  Finally APA Florida's Legislative Program and Policies are always at your disposal on APA Florida's Legislative Website at http://www.floridaplanning.org/legislative/index.asp.  Please bookmark these sites for continued access throughout the 2008 Legislative Session.

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BUDGET UPDATE

The House passed a $65.1 billion budget (HB 5001) which is about $5 billion less than last year's budget. The House bill does not fund Florida Forever or Everglades restoration in 2008-09.  The Senate passed a $65.9 billion budget (SB 2900). The Senate budget includes $300 million for Florida Forever and sets aside money for Everglades restoration.  It spends more money on road-building projects, relies on a small property-tax increase to offset cuts to public schools. The Conference process of negotiating out the differences between the House and Senate Budget Bills will start on April 17 - a schedule has not yet been worked out.  This will continue for about a week and a half - setting up the 72 hour cooling off period - before the Legislature can act on the conference report. 

GROWTH MANAGEMENT

Growth Management:  Both the House and the Senate have released growth management bills:  HB 7129 and CS/SB 474 respectively. Both of these bills have many changes to the growth management process which cannot be fully captured in this synopsis.  Please go to the links and review them to understand the breadth of these proposals and how they compare to each other.

CS/SB 474 (Garcia) was passed by the Community Affairs Committee on April 9th and was referred to the Senate Transportation Committee. The bill also has a reference to Transportation and Economic Development Appropriations.  It allows DCA to amend 9J-5 to establish varied minimum criteria based on population, size, undeveloped land and scale of public services. It expands the current "alternative state review" pilot program to all areas designated in a comprehensive plan for urban service area, urban  infill, urban infill and redevelopment, urban redevelopment, and downtown revitalization, as well as to certain affordable housing amendments and map amendments in designated rural areas of critical economic concern.  Transportation concurrency exception areas are automatically established in designated areas.  The bill requires a supermajority vote for text amendments (with some exceptions) and amendment cycles are limited to once a year (with exceptions.) It allows for a "new" fair-share transportation impact assessment that can be based on vehicle-miles-traveled or people-miles-traveled and tasks DCA to work with a study group for the purpose of examining the use of a "mobility fee" to replace transportation concurrency and impact fees. It requires neighborhood meetings for map amendments and has a  cooling off period prior to plan amendment adoption hearings. It encourages local governments to adopt a rural sub-element as part of the future land use element. It has a number of amendments related to schools and extends the time frame for adopting a public schools facilities element.  A number of affordable housing growth strategies are incorporated, including expedited review.  Provisions related to the coastal high hazard area and the optional sector planning process have been revised. The bill also has a number of DRI exemptions and changes to the substantial deviation criteria, including a three year extension for certain DRIs and FQDs, and the local development orders associated with them.   A controversial DRI provision has been added which states that if a developer has contributed funds, lands or other mitigation for a phase of development, the transportation impacts of that phase shall be deemed to be fully mitigated in any subsequent monitoring or transportation analysis.

HB 7129 was passed by the House Economic Expansion and Infrastructure Council and has been referred to the House Policy & Budget Council. Among other things, the bill would extend DRI development orders, including all associated local government approvals, until 2011. It establishes transportation concurrency exception areas for all urban infill and redevelopment, urban infill development, urban redevelopment, and downtown revitalization identified in a comprehensive plan. It tasks the Legislative Committee on Intergovernmental Relations with conducting a study on the implementation of a "mobility fee" to replace all transportation concurrency fees. An o "mobility fee" pilot program is authorized in Duval, St. Johns, and Clay Counties, including all municipalities within those counties.  The bill would allow credits to earlier phases of transportation mitigation to be calculated based on "present day dollars when determining future transportation mitigation costs, and contains new language regarding transporation backlogs. It also provides for an Urban Placemaking Initiative Pilot Project program to assist local governments with redevelopment of single-use suburban areas surrounding strategic corridors and crossroads. It defines Rural Economic Development Centers, in which land owners can apply for plan amendments and those amendments are presumed to be consistent with Rule 9J-5.006(5).  The REDI program is amended to address "catalyst projects", buisnesses likely to serve as an economic growth opportunity in a rural area of economic concern.The bill changes the burden of proof in impact fee challenges by shifting the burden of proof to the government.  The bill also incorporates requirements for citizen participation similar to those in CS/SB 472.

Developments of Regional Impact:  In addition to those embodied in the bills discussed above, a variety of other bills dealing with DRI exemptions and substantial deviation criteria are making their way through the legislative process.  Committee substitutes for both HB 911 (Grimsley, R-Sebring) and SB 1706 (Margolis, D- Bay Harbor Island) have been filed.  Both bills would exempt any development within a county having a population greater than 1.25 million which is proposed for at least two uses, one of which is  for use as an office or laboratory appropriate for research and development of medical technology, biotechnology  or life science application if it meets certain location and green building criteria.  Both bills originally extended this exemption to counties with a population of 1.5 million.  In comparison, HB 7129 contains a similar provision, while CS/SB 474 does not contain this language.  Rather, it provides that the proposed development of up to an additional 150% of the office threshold within five miles of a state sponsored bio-tech facility is exempt.  CS/HB 911 also expands an existing DRI buildout extension of three years to Florida Quality Developments (FQD) and all local government approvals associated with these DRIs and FQDs. 

Both CS/HB 911 and CS/SB 1706 has been placed on their respective chamber calendar for a second reading. 

Transportation Concurrency:  SB 1966 (Bennett, R- Bradenton), which would authorize an applicant seeking to create a commercial development to elect to pay a per trip mobility fee in lieu of paying impact fees, proportionate share, or proportionate fair-share, has not had any committee action to date.  However, both HB 7129 and CS/SB 474 include provisions for a study of the mobility fee issue to be conducted over the upcoming year.  The Senate language tasks the state land planning agency with developing a uniform mobility fee methodology and reporting back by February 15, 2009.  The House language proposes that the mobility fee issue be studied by the Legislative Committee on Intergovernmental Relations with an interim report due in December and a final report in November 2009.  It also sets up a mobility fee pilot program for Duval, St. Johns and Clay Counties.

Other Growth Management Bills:  Several committee substitutes for SB 560 (Constantine, R-Altamonte Springs) have been filed over the past few weeks as the bill worked its way through the committees of referral. CS/CS/CS/CS/SB 560 was filed on April 16th.  Among other things, this bill adds energy efficiency, greenhouse gas reduction energy, efficient land use patterns and the discouragement of urban sprawl as issues to be addressed in local comprehensive plans. An earlier proposal to require the adoption of an energy element has been deleted.  CS/CS/CS/CS/SB 560 also includes a requirement that any county required to adopt a workforce housing plan must annually certify that it has complied with that requirement before state affordable housing funds or allocations can be received. (As a note, this concept is also included in CS/SB 474 and HB 7129.)

FLORIDA FOREVER SUCCESSOR

On Wednesday, April 16, the Florida Senate gave initial passage to the Florida Forever successor bill (SB 542E1). The bill reauthorizes Florida Forever for 10 years at $300 million annually. The changes made to the bill include the retention of the Florida Communities Trust as a program of the Department of Community Affairs, as well as the creation of a $5 million annual "working waterfronts" land acquisition program at the Department of Community Affairs.  The existing Acquisition and Restoration Council (ARC) will add appointees of the Florida Fish and Wildlife Conservation Commission and the Commissioner of Agriculture.  On April 17, this bill was temporarily postponed on its Third Reading.
 

AGRICULTURAL ENCLAVES

CS/HB 1173 (Mayfield, R- Vero Beach) was filed by Environment and Natural Resources Council on April 15th.  It provides that, notwithstanding the provisions of a comprehensive plan, the local government may not prohibit land uses, densities, and intensities of use that are consistent with the uses, densities, and intensities of use of the industrial, commercial, or residential areas that surround an agricultural enclave parcel within three miles of the perimeter of the parcel.  It also adds a requirement an owner cannot apply for relief in cuircuit court until they have presented a claim to the local government. With respect to concurrency, the bill provides that agricultural enclaves shall be treated as any previously apporved development within three miles.   CS/CS/SB 2246 (Baker, R-Eustis) was filed on April 17th and is generally similar to CS/HB 1173.     CS/HB1173 has been placed on the House calendar for a Second Reading. CS/CS/SB 2246 was reported favorably out of the General Government Appropriations Committee on April 15 and has been placed on the calendar for a Second Reading.

SPRINGS PROTECTION

The issue of springs protection is still alive.   CS/SB 2394 (Saunders, R- Naples) amended the original bill to incorporate the creation of  the Florida Springs Stewardship Task Force, which is the subject of SB 2078 (Oelrich, R- Gainesville) and HB 31 (Boyd, D- High Springs).  This task force would be charged with developing a report by January 31, 2009 on best management practices, funding opportunities, priority projects, and educational outreach with respect to protecting Florida's first magnitude springs. If passed, the task force would expire on January 31, 2009 as well.  The requirement for certain local governments to adopt a springs protection element is still in the proposed language.   CS/SB 2394 was reportaded favorably out of the Community Affairs Committee, while SB 2078 is now before it.  HB 31 was reported favorably out of the House Committee on Conservation and State Lands, and the Environmental and Natural Resources Council.  It is now before the Policy and Budget Council.

 CS/HB 975 (Nelson, R-Apopka), SB 570 (Constantine, R- Altamonte Springs) and SB 1482 (Geller, D- Hallandale Beach) deal with onsite sewage treatment and disposal systems in some fashion, with an eye to reducing nitrogen levels in springs.   Compared to its original bill, CS/HB 975, stemming from the House Environmental Committee, clarifies the role of a peer review panel involved in a study of passive onsite wastewater nitrogen reduction systems, reduces the money allocated for the study, and adds additional requirements for a state on-site sewage treatment system inspection program. CS/HB 975 is now before the Policy and Budget Council.     SB 570, which creates the Wekiva Onsite Sewage Treatment and Disposal System Compliance Grant Program in the Department of Environmental Protection (also in CS/HB 975), is now before Health and Human Services Appropriations (its final committee of referral.)  SB 1482 has been referred to committee but no action has occurred to date.

COMMUNITY REDEVELOPMENT AGENCIES/AREAS

SB 1528 (Storms, R-Brandon) provides for the dissolution of community redevelopment agencies within 15 years after creation, except that such agencies that were created before July 1, 2008 and have been in existence longer that 15 years must be dissolved by July 1, 2009.  This bill has been referred to committees but no action has been taken yet.

EXPEDITED PERMITTING

Moving forward are two bills requiring the Department of Environmental Protection and the water management districts to create an expedited permitting process for businesses that have been identified by a municipality or county as a "target industry business" pursuant to section 288.106, F.S.  CS/HB 147 (Schenck, R- Spring Hill) which allows for a 45 day permit review process and requires a local government to adopt a resolution designating the business as a targeted industry in order to qualify for the expedited permitting process, has passed favorably out of the committees of reference and is awaiting its second reading.  CS/SB 402(Fasano, R- New Port Richey) was reported favorably out of Environmental Preservation and Conservation Committee and amends the original bill to be similar to CS/HB 147.  It is on the April 17 agenda of the Community Affairs Committee.

BROWNFIELD REDEVELOPMENT

HB 527 (Williams, R- Fort Myers) and SB 2594 (Constantine, R- Altamonte Springs) make comprehensive changes to existing laws relating to Brownfield redevelopment.  Both bills have  been worked through committee and Committee Substitutes have been filed. CS/HB 527 has been placed on the House Calendar for its second reading.  CS/SB 2594 is before the Senate Community Affairs Committee.

CITIZEN PARTICIPATION

HB 991 (Hukill, R-New Smyrna Beach) and SB 2276 (Lynn, R-Daytona Beach), entitled "Vox Populi-Voice of the People Act", establish uniform requirements for decorum and citizen participation at local government meetings and workshops. SB 2276 has not been heard by committee yet.  The Government Efficiency & Accountability Council reported HB 991 favorably with an amendment (CS/HB 991) that will allow a local government to opt out of the stated participation requirements if it adopts a written policy which sets forth its public participation policies.  The local government must hold at least one public workshop to get input on the public participation policy and the written policy must be adopted by October 1, 2008.  

PROPERTY RIGHTS

HB 881, (Precourt, R- Winter Garden) revises the Bert Harris Act to define a moratorium on development that is in effect for more than one year as an "inordinate burden".  Among the other changes, the notice period for certain actions is shortened and the procedures for determining a governmental entity's final decision identifying the allowable uses of a property are revised.  HB 881 has been reported favorably out of the Safety and Security Council and is now before the Policy and Budget Council.  SB 1578 (Baker, R- Eustis), a similar bill on the Senate side, has not moved since being referred to committee.

AFFORDABLE HOUSING

Consideration by Senate Transportation & Economic Development Appropriations Committee resulted in the filing of CS/CS/SB 482 (Garcia, R-Hialeah), the legislative package of the Florida Housing Finance Corporation (FHFC).  It authorizes more frequent fund disbursements to local State Housing Initiative Partnership (SHIP) cities and counties, sets aside $5M for cities and counties in a state of emergency, sets aside another $5M for loans to cities and counties to purchase foreclosed properties, and allows SHIP funds and State Apartment Incentive Loan (SAIL) program funds to be used for moderate rehabilitation projects.

CS/HB 699 (Aubuchon, R-Cape Coral) was filed after moving through the House Economic Expansion & Infrastructure Council.  The bill is similar to SB 482 regarding the SHIP program. In addition, the bill creates the "Florida Public Housing Authority Preservation Grant Program" and provides that comprehensive plan amendments involving land that receives a density bonus are "small scale amendments". It also provides that property held by a not-for- profit to be used for affordable housing is exempt from ad valorem taxation for a period of up to five years.  Language that would have appropriated $75 million for municipal first-time homebuyer programs was stricken.

TRANSPORTATION

CS/HB 1399 (Aubuchon, R-Cape Coral) was filed after review by the Economic Expansion and Infrastructure Council on April 11^th . This comprehensive transportation proposal amends existing law relating to transportation concurrency backlog authorities and directs the Department of Transportation to conduct a comprehensive study relating to commuter rail programs and intercity rail transportation. It requires that the future land use element data and analysis including looking at land adjacent to airports.  The bill also requires local governments to competitively bid all transportation projects in excess of $250,000. It enhances planning by the state with respect to the use and mining of aggregate materials. This bill also includes language that requires the Department of Transportation to more closely coordinate with local governments if it plans to delete or defer a capacity project from the 5-Year Work Plan.

SB 1688 creates the Florida Transportation Revenue Study Commission to study state, regional, and local transportation needs and develop recommendations for funding sources to address those needs. Two amendments (908330 and 047300) were approved by the Transportation Committee and the bill is now before the Senate Community Affairs Committee.

 Please continue to provide feedback to us on these bills and other legislation being followed in APA Florida's Bill Tracking Report, recogonizing that things can change quickly in the last weeks of the session.  The input that you have provided to date during this Legislative Session on the numerous bills that impact growth and development in this state has been of enormous value. Even though there may be varying opinions within the organization, APA Florida is often in the position of being able to share all points of view with Legislators and Legislative staff. Their appreciation of that input and expertise is tremendous. You add value to legislative deliberations and credibility to APA Florida as a resource and statewide network of planning professionals.  Thank you!

--Lester Abberger, APA Florida Legislative Representative

--Julia "Alex" Magee, APA Florida Executive Director

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