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A legislative session dominated by
budget issues came to a close last Friday. The
Florida Forever program was reauthorized and fully funded - a
tremendous achievement in this bad budget
environment. Neither HB 7129 nor SB 474, the growth
managment bills, passed. There also was no substantative
housing legislation passed. The most significant growth
related bills tracked by APA Florida that passed this session
are reported below. This report is taken from
LobbyTools, a web-based tracking tool APA Florida uses to
monitor legislative progress during the
session. APA Florida 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
527 Relating to Environmental Site
Redevelopment
(Williams)
Redevelopment:Defines term "acquired"; provides for
financial assistance in certain additional circumstances
involving transfer of contaminated property; expands
eligibility for site rehabilitation tax credits; provides for
application to brownfield site redevelopment solid waste
removal costs; provides for application to construction &
operation of new health care facilities or health care
providers in brownfield sites; revises provisions providing
tax credits for rehabilitation of contaminated sites &
brownfield sites; provides criteria for claiming costs for
solid waste removal; revises criteria & requirements for
granting site rehabilitation removal tax credits; provides
additional limitations on tax credit awards for site
rehabilitation costs & solid waste removal costs; deletes
specified brownfield site rehabilitation contractor
certification requirements...Effective Date: upon becoming a
law and shall operate retroactively to January 1,
2008.
SB
542 Relating to Land Acquistion and
Management (Saunders)
Land Acquisition and Management [RPCC]; Authorizes the
distribution of bonds for the acquisition of conservation
lands. Directs the Legislature to complete an analysis on
potential revenue sources by a date certain. Requires the
Department of Environmental Protection to modernize its
information systems. Requires that land management plans
provide short-term and long-term management goals. Provides
for funds to be deposited in the Florida Forever Trust Fund,
etc. EFFECTIVE DATE: 07/01/2008.
(Note: This bill's passage was difficult but it extends
the Florida Forever program for 10 more years. It also
allocates funds to purchase working waterfront property, as
well as funding agricultural protection
agreements.)
HB
547 Relating to Water Pollution
Control (Kreegel)
Water
Pollution Control: Provides requirements for basin management
action plans; allows such plans to take into account benefits
of pollutant load reduction achieved by point or nonpoint
sources; requires that DEP adopt such plan or amendment
thereto by secretarial order pursuant to state law; provides
that provisions of department's rule relating to equitable
abatement of pollutants into surface waters may not be applied
to water bodies or water body segments for which certain basin
management plan has been adopted; authorizes water quality
protection programs to include trading of water quality
credits; specifies that water quality credit trading pilot
project be limited to Lower St. Johns River Basin as pilot
project; requires that department provide Legislature with
annual report regarding effectiveness of pilot
project...Effective Date: July 1,
2008.
SB
682 Relating to Interstate
95/Alternative Routes
Study (Bullard)
Interstate
95/Alternative Routes Study [EPCC]; Requires the Department of
Transportation to complete a study of transportation
alternatives for the travel corridor parallel to Interstate 95
which takes into account the transportation, emergency
management, homeland security, and economic development needs
of the state, etc. EFFECTIVE DATE: 07/01/2008. (Note: This bill was amended on the floor
to include a number of growth management related
items. Among them is the requirement for the FLUE,
ICE and Transportation Elements to deal with lands adjacent to
airports defined in 330.45, and the updates to plans to
incorporate these requirements have to be submitted by June
30, 2011. It provides a DRI exemption for facilities
determined by DCA and local governments to be port-related
located within 3 miles of or in a port master plan area which
rely upon the use of port and intermodal transportation
facilities (if consistent with comprehensive master
plans). It also directs FDOT to develop a methodology which
recognizes that a planned, sustainable DRI will likely achieve
an internal capture rate of 30% when fully developed. FDOT
must use this methodology when doing impact assessments and
the review must be completed and in use by March 1,
2009.)
HB 697 Relating
to Building Standards
(Aubuchon)
Building
Standards: Revises various provisions of law relating to
building standards; requires certification of tower cranes
& tower crane operators; revises requirements for Florida
Building Commission & DCA relating to manufactured
buildings; revises requirements relating to Florida Building
Commission; increases commission membership; revises
requirements for commission meetings; authorizes commission to
render accessibility declaratory statements; revises
requirements for criteria for mitigation techniques adopted by
commission; specifies roof retrofitting requirements; requires
installation of carbon monoxide detectors in new hospitals,
hospice facilities, & nursing homes; requires specified
buildings or structures to coastal construction line setbacks
to be eligible for Citizens Property Insurance coverage;
repeals specified wind-borne debris protection requirements.
Effective Date: July 1, 2008 (Note: This bill contains several
amendments which require local comprehensive plans to
address issues such as energy conservation, energy
efficient land use patterns and greenhouse gas
emissions.)
SB
758 Relating to Inland Navigation Districts
(Bennett)
Inland
Navigation Districts [RPCC]]; Authorizes inland navigation
districts to aid and cooperate with certain nonmember
counties, certain seaports, and navigation districts in
planning and carrying out certain projects concerning
waterways. Requires that the FWC assume certain
responsibilities for posting and maintaining regulatory
markers concerning manatee protection speed zones. Authorizes
the DEP to develop and maintain a list concerning use of
flocculants, etc. EFFECTIVE DATE:
07/01/2008.
SB
1706 Relating to Developments of Regional
Impact (Margolis)
Developments
of Regional Impact [RPCC]; Revises criteria for extending
application of certain deadline dates and approvals for
developments of regional impact. Provides an additional
statutory exemption for certain developments in certain
counties. Provides requirements and limitations, etc.
EFFECTIVE DATE: 07/01/2008.
(Note: This bill extends not only the DRI/FQD
development order deadlines but it also extends the deadlines
for all local government approvals associated with eligible
projects.)
HB
7135 Relating to Energy (Environment and
Natural Resources Council)
Energy:
Provides that it is intent of Legislature for court, when
practicable, to conduct hearing & issue order on petition
for taking within specified time; authorizes EOG to include in
state comprehensive plan goals, objectives, & policies
related to energy & global climate change; requires each
terminal supplier, importer, blender, & wholesaler to
provide in report to DOR number of gallons of blended &
unblended gasoline sold, etc. Effective Date: July 1, 2008,
except as otherwise provided
(Note: This bill authorizes the Office of
the Governor to amend the state comprehensive plan to include
energy and global climate change, and expands the air quality,
energy and land use goals. It also requires all state,
county and local buildings to meet energy efficiency standards
for
construction.)
With
respect to budget related issues followed by
APA Florida, the Florida Forever Program was funded
for $300 million and appropriations for housing were $303
million. The Department of Community Affairs lost
seventeen positions (8 in the Office of the Secretary, 8 in
the Division of Community Planning, and 1 in Housing and
Community Development.)
A detailed analysis of these bills
will be conducted over the next several weeks and a
more thorough report will appear in the June issue of
Florida Planning as well as posted to APA
Florida'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 APA
Florida 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 & Alex Magee ~
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