The following summary focuses on those bills that have
had action. Please continue to use the Bill Tracking Reports and Online
Sunshine to get the current status of these and other bills.
Growth management,
environmental permitting, and transportation issues have been and will
continue to be the focus of considerable, intense legislative attention
as the 2009 session enters its final weeks.
GROWTH MANAGEMENT
Growth Management:
There are a number of very substantive bills dealing
with various growth management issues that are currently moving through
the Legislative process. As these bills address many complex issues, we
encourage you to use the links to read in full the bills of interest to
you.
On the Senate side, SB
360E1 (Bennett, R-Bradenton) was passed by the Senate on April 2nd.
In the engrossed version, this bill defines
"dense urban land areas" as a municipality that has an average of at least 1,000 people
per square mile of land area and a minimum total population of at least
5,000; a county, including the municipalities
located therein, which has an average of at least 1,000 people per square
mile of land area; or a county, including the
municipalities located therein, which has a population of at
least 1 million. For counties that qualify as "dense urban land
areas" the nonrural area of a county which has adopted into the
county charter a Rural Area designation or areas identified in the
comprehensive plan as urban service areas or urban growth boundaries on
or before July 1, 2009, are also added to the definition of urban service
areas. We have described the quite significant implications of the new
density definitions, as they relate in particular to transportation
concurrency, in the earlier Legislative Update that is now posted on the
website.
In the early weeks of the session, SB 360 appeared
to be the focus of attention in the Senate. Now that it has passed the
Senate, a number of other bills are starting to move. CS/CS/SB
1306, also sponsored by Senator Bennett, which
previously proposed that transportation concurrency exception areas
(TCEA) are automatically created in geographic areas that are designated
in a local plan for urban infill development, urban redevelopment,
downtown revitalization, or urban infill and redevelopment, was been
amended by the Senate Community Affairs Community to reflect the language
in SB360E1. This bill, which also contains a number of provisions
related to financial feasibility for schools, concurrency backlogs, and
the DCA/DOT mobility study, was passed by the Senate Transportation
Committee on April 14th.
CS/SB
362 (Bennett, R-Bradenton), has become another vehicle for some of
the concepts in SB 360E1 and HB 7127 (discussed below.) It contains the
urban service area and dense urban land area definitions in SB 360E1 but
expands the automatic transportation concurrency exception areas
definitions to include limited urban service areas where the parcel is
defined as an agricultural enclave pursuant to 163.3164(33). It also
includes the ability to use charter school construction as mitigation and
includes a two year extension to permits, development orders and other
land use approvals, both similar to language included in HB 7127. The
bill also includes language requiring DCA and DOT to continue their
current mobility studies and submit joint reports by December 1, 2009.
CS/SB 362 was reported favorably out of the Senate Community Affairs and
is before the Senate Transportation Committee on April 14th.
CS/SB
2148 (Bennett, R-Bradenton), was amended by the Senate Community
Affairs Committee to include expedited permitting review and incentives
for mixed use projects that are "regional centers for clean
technology." Among the criteria that must be met is a requirement
that the project must be at least 25,000 acres directly accessible to a
crossroad of two SIS facilities. In addition, the future land use
element criteria were changed to state that future land use categories
are to be defined in terms of uses rather than numerical caps. The bill
also proposes that, in addition to the factors already listed in the
statute, the land use plan should also be based on those factors limiting
development, critical habitat designations as well as other applicable
environmental protections, and local building restrictions incorporated
into the comprehensive plan or land development code. This bill has been
sent to the Senate Transportation Committee.
CS/SB
2572 (Dean, R-Inverness) recognizes "rural agricultural
industrial centers" and allows landowners within those areas to
request a plan amendment to allow the expansion of existing uses or the
development of compatible uses. The local government is required to
amend its plan within 6 months to provide for the expansion. Almost
identical language regarding rural agricultural industrial centers is
also included in CS/SB 2148. CS/SB 2572 was passed favorably by the
Senate Commerce Committee and is now before the Senate Transportation and
Economic Development Appropriations Committee.
On the House side, HB
7049 (Military & Local Affairs Policy Committee) was referred to
the Economic Development & Community Affairs Policy Council (EDCAPC)
in mid-March but the EDCAPC adopted instead something of a hybrid growth
management bill. HB
7127 incorporates some of the concepts from SB 360 and HB 7049 and
adds some additional proposals. Importantly, it does not include the
language that would move DCA programs to the Department of State
originally included in HB 7049. The bill addresses a number of issues
relating to planning and development, revising local government
comprehensive plan requirements and associated implementation issues
relating to concurrency, as well as providing for certain exemptions to
the development of regional impact program. The bill creates
Transportation Concurrency Exception Areas (TCEAs) in specifically
defined areas of the state using factors of density (the same ones as in
SB 360E1) and defined urban service areas. However this bill would also
create TCEAs in limited urban service areas for parcels defined as
agricultural enclaves under 163.3164(33). The bill legislatively
certifies any county with a population greater than 1 million people and
an average density of 1000 residents/ square mile, and cities with a population
of at least 100,000 and an average density of 1000 residents/square mile.
In addition, it provides any other local government the option to use the
alternative plan review process, formerly the alternative state review
pilot program, for individual comprehensive plan amendments or amendment
packages. With respect to plan challenges under the alternative review
process, when the proceeding involves an "affected party", the
standard is changed from a preponderance of evidence to the fairly debatable
standard. Relative to the future land use element, the bill also states
that the designation of future industrial land in rural counties and
counties designated as rural areas of critical economic concern shall not
be limited by population projections. It also provides the same latitude
to the designation of areas for future incorporation or new
municipalities. The developments-of-regional-impact (DRI) process is
eliminated in specifically defined areas of the state using factors of
density and defined urban service areas, similar to SB 360E1. The bill
removes a current law prohibition on comprehensive plan amendments
related to public school facilities requirements. Financial feasibility
requirements are delayed until 2011. The bill provides for financial
sanctions for failure to comply with capital improvement elements and
public school facilities requirements. The small county waiver for school
concurrency is expanded, and charter schools are added as an appropriate
form of public school facilities mitigation. The bill establishes
mobility fee study oversight, includes a number of criteria that the
study should address and directs the state land planning agency and FDOT
to report to the Legislature next session. The bill provides a statewide
extension of permits for a period of two years. HB 7127 was filed by the
EDCAPC in early April and was placed on the House Calendar on Second
Reading.
HB
7133 (Kreegel, R-Punta Gorda), filed on April 7th, amends
Chapters 125 (County Commissioners: Powers and Duties) and 166
(Municipalities) to specifically state that the construction and
operation of a biofuel processing facility or a facility for the
production or generation of renewable energy, as defined in s.
366.91(2)(d), and the cultivation and production of bioenergy, as defined
in s. 570.957(1)(a), are each a valid industrial, agricultural, or silvicultural
use permitted within such land use categories in a local comprehensive
land use plan and for purposes of any local zoning regulation. Local
comprehensive land use plans and local zoning regulations may not require
the owner or operator of a biofuel processing facility or a renewable
energy generating facility to obtain any comprehensive plan amendment,
special exemption, use permit, waiver, or variance, or to pay any special
fee in excess of $1,000, to operate in an area zoned for industrial, agricultural,
or silvicultural use. On April 14, the Senate Community Affairs
Committee reported favorably CS/SB
2016 which does not mandate that biofuel facilities are a valid use
but rather indicates that a local government may consider them to be
such. If a local plan does not specifically allow for the development of
a biofuels processing or renewable energy facility, it must develop a
specific review process which may include expedited review, and the
alternative state review process will apply to any needed comprehensive
plan amendment.
One final bill contains an interesting twist to the
state review of local comprehensive plans. CS/SB
1786 (Fasano, R- New Port Richey) would require that every
comprehensive plan amendment that is transmitted to DCA has to include a
check for $200. DCA would deposit all fees in its operating trust fund
and report back to the Legislature by October 1, 2010. The bill has been
placed on the Senate Special Order Calendar for April 16th.
DCA Sunset: Efforts
in the House to disband DCA appear to have lost some momentum. Both HB
7049 (Military & Local Affairs Policy Committee) and HB
7111 (Nehr, R-Tarpon Springs) move the Division of Housing and
Community Development and the Division of Community Planning to the
Department of State effective October 1, 2009. The Division of Emergency
Management is also moved in both bills to the Office of the Governor. HB
7111 also moves DCA functions related to the manufactured housing and the
Florida Building Code to the Department of Business and Professional
Regulation, and disbands the Century Commission. APA Florida has
formally opposed the move of DCA functions to the Department of State.
HB 7111 (formerly PCB GAAC 09-04) was filed on March
31st but has not moved since. HB 7049 was referred to the
Economic Development and Community Affairs Policy Council, but as
discussed above, appears to being held in favor of HB 7127 which does not
include language to move DCA programs.
Developments of Regional
Impact: As described in the Growth Management
discussion above, SB 360E1 (Bennett, R-Bradenton) and HB
7127 (Economic Development and Community Affairs Policy Council)
eliminates the DRI review process in many areas based on density and
infill/redevelopment designations. SB 360E1 has been passed by the
Senate while HB 7127 has been placed on the House Calendar on Second
Reading.
HB
441 (Reagan, R- Sarasota), SB
856 (Bennett, R-Bradenton) and HB
1021(Aubuchon, R-Cape Coral) exempt facilities determined by the
Department of Community Affairs and the applicable general-purpose
government to be port-related industrial or commercial projects that are
located within or within 3 miles of a port master plan area and that rely
upon the use of port and intermodal transportation facilities. SB
856 also states that exempt uses that are part of a larger DRI
project are not required to be included in the review if the use is part
of an agreement with OTTED and the agreement anticipates a state award of
at least $50 million. HB 441 passed the House Military and Local Affairs
Policy Committee and was sent to the Roads, Bridges & Ports Policy
Committee in mid-March where it still is. SB 856 was passed by the
Senate Commerce Committee and the Senate Transportation Committee,
and should move to the Transportation and Economic Development
Appropriations Committee next. HB 1021 was placed on the House
Calendar on April 1st.
CS/SB
424 (Gardiner, R- Orlando) also includes a DRI exemption for
facilities determined by the Department of Community Affairs and
applicable general purpose local government to be port-related industrial
or commercial projects located within 3 miles of or in a port master plan
area which rely upon the use of port and intermodal transportation
facilities if such expansions, projects, or facilities are consistent
with port comprehensive master plans. CS/SB 424 was passed favorably by
the Senate Transportation Committee and the Senate Community Affairs
Committee (with
one amendment) , and is now in the Senate Finance and Tax
Committee.
CS/CS/SB
1306 (Bennett, R-Bradenton), as described above under Growth
Management, includes amendments to DRI proportionate share calculations
to only look at the proposed phase when determining if a roadway is
significantly impacted. The Developer's fair share would now based upon
the cumulative number of trips from the proposed new stage or phase of
development expected to reach roadways during the peak hour at the
complete buildout of a stage or phase being approved, divided by two to
reflect that each off-site trip represents a trip generated by another
development, multiplied by the construction cost at the time of the
developer payment, the product of which is divided by the change in the
peak hour maximum service volume of the roadways resulting from the
construction of an improvement necessary to maintain the adopted level of
service, multiplied by the number of trips from the proposed phase that
exceed the peak hour service volume of the adopted LOS (previous
language would allow existing LOS to be used). Language regarding impact
fee credit is included as is a definition of backlogged facilities.
CS/CS/1306 moved favorably out of the Senate Transportation Committee on
April 14th.
CS/SB
2148 (Bennett, R-Bradenton) was passed favorably by the Senate
Community Affairs Committee in late March and maintained the expanded
current DRI exemption in s. 380.06(24) to proposed development within any
urban service areas (as opposed to only those designated pursuant to
s.163.3177(14)) if the local government having jurisdiction over the area
where the development is proposed has adopted the urban service boundary,
has entered into a binding agreement with jurisdictions that would be
impacted and with the Department of Transportation regarding the
mitigation of impacts on state and regional transportation facilities,
and has adopted a proportionate share methodology pursuant to s.
163.3180(16). CS/SB 2148 is now in the Senate Transportation Committee.
School Concurrency: Both HB
7049 (Military & Local Affairs Committee) and HB
7127 (Economic Development & Community Affairs Policy Council)
contain several revisions relative to school concurrency and a public
school facilities element. Generally both would authorize the state to
allow for a projected 5-year capital outlay FTE growth rate to exceed 10
percent when the projected 10-year capital outlay FTE student enrollment
is less than 2,000 students and the capacity rate for all schools with
the school district in the tenth year will not exceed the 100-percent
limitation. They delete the local government prohibition against
comprehensive plan amendments when the requirements related to school
concurrency are not adopted on time. Instead the local government may be
subject to sanctions by the Administration Commission. HB 7049 has been
referred to the Economic Development and Community Affairs Policy Council
while HB 7127 has been placed on the House Calendar on Second Reading.
CS/SB
2148 (Bennett, R-Bradenton) adds language which allows schools to
count relocatables when determining if level-of service standards are
met, clarifies that school facilities need to serve residential development
must be in place or under actual construction within three years of the
issuance of final subdivision or site plan approval, and clarifies that
developers are not responsible for the additional cost of reducing or
eliminating backlogs or addressing school class size reductions. The
bill also would allow the construction of a charter school as an
appropriate mitigation option. The bill is now in the Senate
Transportation Committee.
Impact Fees: CS/SB
630 (Bennett, R-Bradenton), originally simply provide a moratorium on
impact fee collection for three years. CS/SB 630 (Bennett, R- Bradenton)
was moved favorably by the Senate Community Affairs Committee on April 14th.
The bill now no longer includes a moratorium but rather permanently
limits the amount of impact fees that can be levied by a local government
to $2/square foot of residential use and $8/square foot of
non-residential property. Annual increases in impact fees would be
limited to the percentage change in the Consumer Price Index. The bill
would also enable a county to also levy a surtax on documents that are
taxed under s. 202.02, not to exceed $1 on $100 dollars. Specific
criteria for the distribution of the funds collected are identified. The
bill moves to the Senate Finance and Tax Committee next.
Property Rights: SB
1556 (Baker, R-Eustis) makes a number of revisions to the Bert J.
Harris, Jr., Private Property Rights Protection Act (the Bert Harris Act
or Act), including: redefining the terms "inordinate burden"
and "inordinately burdened" to include a moratorium on
development that is in effect for longer than 1 year. The timeframe for a
property owner to provide a written claim to a governmental entity is
reduced from 180 days to 120 days. It adds "payment of
compensation" to the list of remedies a governmental entity may
include in a written settlement offer and provides that a governmental
entity's failure to make a written settlement offer or issue a ripeness
decision during a specified period operates as a final decision that
identifies uses of the subject property and which has been rejected by
the property owner. It also specifies that enacting a law or adopting a
regulation does not constitute applying the law or regulation to a
property. The bill was moved favorably by the Senate Community Affairs
Committee on April 14th and should now move to the Judiciary
Committee.
FLORIDA FOREVER
The future of the Florida Forever program looks
dim. Neither the House nor Senate budgets contain funding for this
program. APA Florida continues to work relentlessly with legislators,
the Governor, and with other members of the Florida Forever Coalition to
try to get this program refunded.
SPRINGS
PROTECTION
CS/SB
274 (Constantine, R-Altamonte Springs) continues to move, having
passed favorably out of the Environmental Preservation and Conservation
Committee and the Community Affairs Committee with several
amendments. This bill would create the Florida Springs Protection
Act, designating all counties or municipalities with first or second
magnitude springs as spring protection zones. . The bill establishes
requirements for spring protection zones for domestic wastewater
discharge and wastewater residual application, onsite sewage treatment
and disposal systems in specified areas, agricultural operations, animal
feeding operations, and stormwater systems. The bill creates the Florida
Springs Onsite Sewage Treatment and Disposal System Compliance Grant
Program in the Department of Health and provides program requirements.
Local governments are directed to include a spring protection measure in
the appropriate element of a local comprehensive plan and failure to
adopt the measure will result in a prohibition on plan amendments until
the measure is adopted. This bill is before the Senate Health Regulation
Committee on April 15th.
EXPEDITED
PERMITTING
HB
73 (Schenk, R-Spring Hill) would require the Florida Department of
Environmental Protection and water management districts to an expedited
permit process for wetland resource and environmental resource permits
related to projects identified as meeting the definition of a target
industry business under s.288.106. Action on a permit application would
have to occur within 45 days. This bill has moved through committee
review and was placed on the House Calendar on second reading on March 24th
An similar bill, SB
852 (Fasano, R-New Port Richey), as
amended, also provides expedited permitting for projects in a charter
county with 1.2 million people who has entered into certain agreements with
permitting agencies. This bill was passed favorably by the Senate
Community Affairs Committee and is before the Commerce Committee on April
14th.
CS/SB
364 (Bennett, R-Bradenton) establishes the Legislature's intent that
a statewide, user-friendly, consolidated system be created to simplify
licensing and permitting in the state by providing a central collection
point for data and fees so that a business or individual can comply with
state government requirements in one easy process. The Office of Tourism,
Trade and Economic Development in the Executive Office of the Governor is
directed to create the E-SHOP FLORIDA Internet website for the purpose of
allowing businesses and individuals to efficiently obtain state
government approvals without time delays and duplicative efforts. The
bill provides requirements for the development of the website, directs
the participation of specified state agencies and water management
districts, and specifies the types of permits and activities for which a
common application may be used. The bill also provides conditions under
which permit applications which are prepared and signed by designated
professionals are in compliance with statutory requirements governing
activities in surface waters and wetlands. The bill also creates a
burden of proof with a standard of a preponderance of the evidence, and
provides conditions under which a designated professional may be
restricted from preparing and signing permit applications. This bill
moved favorably out of the Senate Community Affairs Committee on April 14th.
COMMUNITY
REDEVELOPMENT
CS/SB
110 (Bullard, D-Miami) expands the current definition of
"blighted" to include land previously used as a military base.
The bill clarifies the types of military facilities that are eligible.
These targeted areas will receive tax increment financing (TIF) revenues
under the Community Redevelopment Act. A local government could develop a
community redevelopment plan, utilizing the expanded definition,
resulting in a portion of the ad valorem taxes from those lands being
used for TIF. CS/SB 110 passed favorably out of the Military Affairs
& Domestic Security Committee and the Senate Finance & Tax Committee,
and is before the Transportation & Economic Development
Appropriations Committee on April 15th.
AFFORDABLE
HOUSING
CS/CS/HB
161 (Aubuchon, R-Cape Coral), substantially revises and updates
numerous statutes which govern the implementation of various affordable
and procedures by the Florida Housing Finance Corporation. Among its
revisions, the bill does the following: reduces the property tax rate of
property held by community land trusts, expands the ad valorem tax
exemption for affordable housing properties and provides that undeveloped
property owned by an exempt entity is considered used as long as the
owner can document that affirmative steps are being taken to prepare the
property for affordable housing, expands the uses of the local government
infrastructure tax to be used for affordable housing, and directs FHFC to
develop and administer the Florida Public Housing Authority Preservation
Grant Program, and maintains the existing density of residential
properties or recreational vehicle parks if the properties are intended
for residential use and are located in the unincorporated areas. The bill
moved through the House Military & Local Affairs Policy Committee,
and the Economic Development & Community Affairs Policy Council.
References to three other committees were then removed and the bill was
placed on the House Calendar on second reading on April 15th.
TRANSPORTATION
There are a number of transportation related bills
in the House and Senate. Of importance to the issue of commuter rail in
Central Florida, HB
7009 (Economic Development and Community Affairs Council) and CS/SB
1212 (Constantine, R-Altamonte Springs) deal with a number of issues
related to the rail program within the Florida Department of
Transportation, including provisions related to liability and insurance.
These amendments provide the legislative framework for the Sun Rail
commuter rail project in Central Florida (and
potential rail projects in other parts of the state.) APA Florida has
formally supported the Sun Rail project. CS/SB1212 has passed the Senate
Transportation Committee and the Judiciary Committee and is now before
the Transportation and Economic Development Appropriations on April 15th.
HB 7009 has not yet been referred to committee.
CS/SB
582 (Baker, R-Eustis) and CS/HB
941 (Ray, R-Jacksonville) create the Florida Transportation Revenue
Committee to examine transportation needs and develop recommendations for
funding those needs. The commission's final report is due to the
Legislature by January 1, 2011. SB 582 has moved favorably through two
committees and is now before Finance and Tax. HB 941 has had no action
to date.
Two bills, CS/SB
424 (Gardiner, R- Orlando) with one
amendment and HB
1021 (Aubuchon, R - Cape Coral),
address a number of issues related to the Department of Transportation.
Of interest in both bills is language that requires local governments to
address airport compatibility in local comprehensive plans by June 2012.
HB 1021 also includes CS/SB 424 was passed
favorably by the Senate Transportation Committee, and Senate Community
Affairs Committee, and is now in Finance and Tax. HB 1021 was passed
favorably by the Road, Bridges and Ports Policy Committee, the Economic
Development & Community Affairs Council, and Finance and Tax Council.
It has been placed on the House Calendar on second reading.
Additionally, both CS/CS/HB
1451 (Ray, R-Jacksonville) and CS/SB
422 (Gardiner, R-Orlando) exempts hangers for the assembly or
manufacture of aircraft from transportation concurrency. CS/SB 422 moved
out of the Senate Transportation Committee and is now in the Community
Affairs Committee. CS/CS/HB 1451 has moved favorably through the
Economic Development & Community Affairs Policy Committee on April
14th.
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 continue to provide 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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