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GROWTH
MANAGEMENT
DCA'S Legislative Package: The Department of
Community Affairs has released its draft legislative package,
which can be viewed at http://www.dca.state.fl.us/LegislativeProposals/index.cfm . Included in the package are
specific proposals related to Affordable Housing, Alternative
State Review, Citizen's Planning Bill of Rights, Coastal High
Hazard Area, Everglades Protection, Optional Rural
Sub-Element, Optional Sector Plans, Transportation
Concurrency, and Revised and Supplanted Provisions. The Department
is currently working with the Senate Community Affairs staff
to draft a bill which incorporates all of these areas. On the House side, the
proposals have been given to Representative Dean Cannon and
his staff. It is
likely to be a week or so before draft bills are
available.
Developments of Regional Impact: HB 911 (Grimsley, R-Sebring) and SB 1706 (Margolis, D- Bay Harbor Island) address new exemptions
to the DRI process. Both bills would exempt any development
within a county having a population greater than 1.5 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. SB 1706 has been reported favorably out of the
Senate Committee on Community Affairs. To date, HB 911 has
not been heard in
committee.
Transportation Concurrency: SB 1966 (Bennett, R- Bradenton), 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. The mobility fee
cannot exceed $250 per trip and the development shall be
deemed to have met all transportation concurrency requirements
once the fee has been paid. This option expires on
a county-by county basis when the median home price in that
county reaches 120% of the median home price in that county on
January 1, 2006. DCA's draft
transportation concurrency proposal also looks at the option
of a mobility fee but recommends that a uniform mobility fee
methodology to replace the existing transportation concurrency
system be developed over the upcoming year. To date, SB 1966 has
not been heard in
committee.
Other Growth Management Bills: SB 560 (Constantine, R-Altamonte Springs) requires that the
future land use element of a local comprehensive plan includes
data and analysis of energy efficient land use patterns and
the discouragement of urban sprawl. The traffic
circulation and transportation elements must include
strategies to address reduction in green house gas emissions
from the transportation sector, and an energy element must be
included in local plans by 2011. This bill has passed the
Senate Regulated Industries Committee. A committee
substitute (C2) has
been filed and it is now in the Senate Environmental
Preservation and Conservation Committee.
FLORIDA FOREVER
SUCCESSOR
A
very successful Florida Forever Day was held at the Capitol on
March 18th.
The Attorney General and several legislators spoke in
support of the program, while dozens of exhibitors displayed
the results of the program over time. The House and Senate are
taking different approaches to a successor program to Florida
Forever. Although
text is not yet available, the House Committee on Conservation
and State Lands held a workshop on
ENRC-08-09 on March 19th, where the focus appeared
to be on management and the transfer of all management
functions to the Department of Agriculture. Discussions in the
Senate focus on a successor program that is closer to the
current program; Senator Saunders held a workshop on the issue
on March 24th and a draft bill is anticipated to be
available soon.
AGRICULTURAL
ENCLAVES
HB 1173 (
Mayfield, R- Vero Beach) provide 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. SB 2246 (Baker, R-Eustis) contains a similar prohibition except that the local government may
not prohibit land uses and intensities of use that are
consistent with the uses and intensities of use of the
industrial, commercial, or residential areas that surround the
parcel to a distance equal to the longest dimension of the
parcel. HB 1173
was passed favorably by the House Committee on Agribusiness on
March 19th.
SPRINGS
PROTECTION
There are several bills focusing on the issue of spring
protection.
SB 2394 (Saunders, R- Naples) creates the "Florida Springs
Protection Act" and establishes a pilot program for the
protection of Rainbow Springs and Silver Springs. The
Department of Environmental Protection would be required to
adopt spring protection zones, total maximum daily loads and
basin management action plans for these two pilot areas. Additional spring
protection measures, related to wastewater disposal and
agricultural operations, would also be required. In areas where a
springs protection zone ahs been adopted, the local
comprehensive plan must be amended to include a springs
protection element. SB 2078 (Oelrich, R- Gainesville) and HB 31 (Boyd, D- High Springs) create the Florida Springs
Stewardship Task Force, 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. 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. HB 975 was acted on
favorably by the House Environmental Committee; the other
bills have not yet had any action taken on
them.
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
HB147
(Schenck, R- Spring Hill) and SB 402 (Fasano, R- New Port Richey) require 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. HB 147 was
amended (CS1/HB147) by the House Environmental and Natural
Resources Council to allow 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. While SB 402 is still
awaiting committee action, HB 147C1 passed favorably out of the committees of reference and
is awaiting its second reading.
BROWNFIELD
REDEVELOPMENT
HB 527 (Williams, R- Fort Myers) and SB 2594 (Constantine, R- Altamonte Springs) makes comprehensive
changes to existing laws relating to Brownfield redevelopment.
Among other things, the bill expands eligibility for site
rehabilitation tax credits by allowing up to 50% of solid
waste removal costs to be claimed. It also encourages the
construction and operation of health care facilities on
brownfield sites by authorizing an applicant for a tax credit
to claim an additional 25 percent of the total site
rehabilitation costs, not to exceed $500,000. The bill also
includes language that authorizes local governments to
evaluate certain benefits and effects of brownfield site
redevelopment and rehabilitation and directs the Department of
Health to assist local governments in such evaluations. HB 527
was passed favorably by the House Committee on Environmental
Protection. SB 2594 has been referred to
committees.
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. The bills require at
least 15 minutes at the beginning of every meeting be set for
public comment on any matter. The bills require that each
citizen be given at least three minutes to address every item
on a meeting or workshop agenda at meetings of local
government elected or appointed officials and specify general
standards for meeting decorum. The bills require local
governments to adopt a written policy implementing
requirements of the act by October 1, 2008, and also require
public and electronic notification of implementation. Both
bills have been referred to
committee.
PROPERTY
RIGHTS
HB 881,
(Precourt, R- Winter Garden) and SB 1578 (Baker, R- Eustis), revise 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. Both
bills have been referred to
committee.
AFFORDABLE HOUSING
Proposed Committee Substitute for
SB 482 (Garcia, R- Hialeah), is the
legislative package of the Florida Housing Finance Corporation
and was temporarily postponed by Senate Community Affairs
Committee until March 27th. Among its provisions,
SB 482 increases the frequency of State Housing Initiative
Partnership (SHIP) disbursements, as well allowing certain
program funds to be used for moderate rehabilitation projects,
as well as making manufactured housing eligible for SHIP
funding.
HB 699 (Aubuchon, R-Cape Coral) contains similar provisions as
SB 482 but also creates a $75 million SHIP fund set aside for
first home buyers; in order to access this money, local
governments would have to lower impact fees. HB 699 has passed
the House Economic Development Committee.
TRANSPORTATION
The
Florida Department of Transportation and the Transportation
Study Commission's legislative packages are embodied in
SB 1688 (Baker, R-Eustis), SB 1978
(Baker, R-Eustis) and HB 1399 (Aubuchon, R-Cape Coral.) These comprehensive
transportation proposals create the Florida Transportation
Revenue Study Commission to study and develop recommendations
regarding the state's transportation needs. Transportation
concurrency backlog authorities (authorities) powers are
amended by authorizing the issuance of bonds, extending the
lifespan of the debt the authorities incur for up to forty
years and increasing the amount of ad valorem tax increment
the authorities are authorized to collect. Committee
Substitute 1 for SB 1978 was passed by the Senate
Transportation Committee on March 11th. HB 1399
was amended on March 20th to combine the provisions of the two
Senate bills; however there are still differences between the
proposals. HB 1399 creates a process for local governments to
provide input to the Department of Transportation relating to
projects being considered for deletion or deferral from the
5-Year Work Plan, and also includes language that authorizes
the use of existing freight rail lines for commuter
trains.
Please continue to provide feedback to us on these
bills and other legislation being followed in APA Florida's
Bill Tracking Report.
The input that you provide to the Chapter Office
building up to and during the Legislative Session on the
numerous bills that impact growth and development in this
state is 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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