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 May 22, 2009

Contents:
HB 73        Expedited Permitting
HB 227      Impact Fees
SB 360      Community Renewal Act
HB 485      Fast Track Stimulus
SB 494      Water Conservation
HB 821      Community Develop. Districts
HB 1021    Department of Transportation
HB 7053    Rural Ag. Industrial Centers

·       States that with respect to impact fee challenges, the local government has the burden of proof, using the preponderance of evidence test.

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·       Revises definition of "existing urban service area" and expands it to include facilities committed in the CIE within three years, as well as within counties that qualify as dense urban land areas, areas identified in  comp plan as of July 1 as urban service areas or urban growth boundaries, and the non-rural area of a county which has a rural designation in its county charter

·       Creates definition of "dense urban land area" (DULA): Municipality with 1000 people/sq mile and at least 5000 population, County(with cities within) with 1000 people/sq mile or County(with cities within) with 1 million pop,  and provides for the method of designating these jurisdictions

·       Extends the compliance deadline for local governments to submit financially feasible CIE from December 1, 2008 to December 1. 2011

·       States that within transportation concurrency exception areas (TCEAs) the local government will be deemed to achieve and maintain level-of-service standards

·       Requires the dispute resolution process in a local government's comprehensive plan be mandatory

·       Creates TCEAs in a municipality that qualifies as a dense urban land area, an urban service area which has been adopted into a local comprehensive plan and is located in a county that qualifies as a dense urban land area, and in a county (including cities within) which has a population of at least 9000,000 and qualifies as a dense urban land area but does not have a designated urban service area

·       Optional TCEAS may be designated by cities in comp plan for: urban infill, CRA, Downtown revitalization, urban infill and redevelopment, urban service area as defined above, areas in designated urban service boundary

·       Optional TCEAs for non-DULA counties in urban infill areas, urban infill and redevelopment, urban service areas as defined above

·       All must adopt within 2 years, land use and transportation strategies to support and fund mobility within the exception area.  Existing criteria in statute do not apply.
·       Automatic TCEA does not apply to designated transportation concurrency districts in a county with 1.5 million and a transportation concurrency assessment funding alternative modes.  Also does not apply in any county that has exempted more than 40 % of urban service area for purpose of urban infill.

·       Transportation Concurrency exemption included for  developments in certain areas which have special part-time demands

·      Waiver of transportation concurrency allowed for projects that are a qualified job creation project

·       Adds local amendment to designate existing urban service area as a TCEA, areas eligible for expedited review, and areas exempt from DRI review to the exemption from the twice per year plan amendment limitation

·       Allows local governments to use alternative state review process to designate urban service area in its comprehensive plan

·       Automatic DRI Exemption in: cities that meet dense urban land area, urban service area in counties that qualify as dense urban land areas, counties(and cities therein) with 900,000 pop that qualify as dense urban land area and have no urban service area

·       For non-DULA cities:  automatic exemption in urban infill areas, CRAs, Downtown Revitalization areas, urban infill and redevelopment areas, urban service areas , and areas within urban service boundary if designated in its comp plan

·       For non-DULA counties: automatic exemption in urban infill, urban infill and redevelopment areas, and urban service areas that are designated in the comp plan

·       No DRI exemptions within ACSC, Wekiva Study Area, or within 2 miles of the Everglades Protection Area

·       Contains provisions for DRIs partially in and out of exempted area and existing DRIs

·       States that LOS required in transportation methodology are the same as used to evaluate concurrency

·       Eliminates existing exemption (n) dealing with development in an urban infill and redevelopment area

·       If exempted DRI is part of larger DRI, does not have to be included in review of larger project under certain circumstances

·       DOs for projects that would exceed 120 % of any threshold must be submitted to DCA but can only be appealed for comprehensive plan inconsistency 

·       For school concurrency, allows use of a projected 5-year capital outlay FTE growth rate greater than 10 percent under certain circumstances

·       Deletes prohibition on amending plan if public schools facility element or school concurrency not adopted and transmitted

·       Both local government and school board may be sanctioned

·       Allows use of relocatables when determining if LOS standards are met

·       Allows construction of charter schools to be counted as mitigation

·       Prohibits local government from establishing standards for security cameras that requires local business to expend funds to enhance local government services

·       Allows zoning changes to be processed at same time as plan amendment, contingent on comp plan amendment being effective

·       Directs DCA and DOT to continue their studies and submit a joint report by December 1, 2009 with recommended legislation and plan to implement mobility fee as replacement for transportation concurrency

·       Provides for 2 year extension, upon notice by permit holder, of DEP and WMD permits that expire between September 1,2009 and January 1 2012.  Also applies to any local government development order or building permit.  Includes buildout dates. Does not apply to certain types of permits.

·       Provides that certain land development regulations must maintain the existing density of residential properties or recreational vehicle parks if the properties are intended for residential use, and are located in an unincorporated area with sufficient infrastructure in place to support the use but are not located within a high coastal hazard are under s. 163.3178, F.S.      

The bill also includes a number of amendments to various statutes dealing with affordable housing:

·       Limits the Florida Housing Finance Corporation's access to the state allocation pool for private activity bonds permitted to be issued in the state under the Internal Revenue Code to the amount of their initial allocation, and to provide that after the initial allocation has been provided, the corporation may not receive more than 80 percent of the amount remaining in the state allocation pool on November 16th of each year.

·       Creates s. 193.018, F.S., to provide for the assessment of structural improvements, condominium parcels, and cooperative parcels on land which is owned by a Community Land Trust (CLT) and used to provide affordable housing. The bill defines "community land trust" as a nonprofit entity that qualifies as a charitable entity under s. 501(c)(3) of the Internal Revenue Code and which has as one of its purposes the acquisition of land to be held in perpetuity for the primary purpose of providing affordable housing. In arriving at the just valuation of structural improvements or improved parcels conveyed by a CLT, or land owned by the CLT, the property appraiser must assess based on the resale restrictions or limited uses contained in the 99-year or longer ground lease. When recorded in the official public records of the county in which the property is located, the ground lease and amendments or supplements to the lease, or a memorandum documenting the restrictions contained in the ground lease, are deemed a land use regulation during the term of the lease.

·       Amends s.196.196 to provide that property owned by an exempt organization qualified as charitable under s. 501(c)(3) of the Internal Revenue Code is used for a charitable purpose if the organization has taken certain specified affirmative steps to prepare the property to provide affordable housing to persons or families meeting the income restrictions for extremely-low, very-low, low, and moderate income families under s. 420.0004, F.S., and a process for collecting taxes if the property is not actually used for affordable housing after the exemption is given.

·       Amends s. 196.1978 to expand the affordable housing property ad valorem tax exemption to property that is held for the purpose of providing affordable housing to persons and families meeting the income restrictions in s. 159.603(7), F.S., and s. 420.0004, F.S  where the property is owned by a Florida-based limited partnership, the sole general partner of which is a not-for-profit corporation, or is owned by a nonprofit entity that is a not-for-profit corporation. The not-for-profit corporation must qualify as charitable under section 501(c)(3) of the Internal Revenue Code and in compliance with Rev. Proc. 96-32, 1996-1 C.B. 717.

·       Amends s.212.055 to provide that an expenditure to acquire land to be used for a residential housing project in which at least 30 percent of the units are affordable to specified individuals and families is an authorized use of the local infrastructure surtax if the land is owned by a local government or a special district that has entered into an interlocal agreement with the local government to provide such housing. The local government or the special district may enter into a ground lease with any entity for the construction of the residential housing project on land acquired from the expenditure of local infrastructure surtax proceeds.

·       Amends s. 420.503, F.S., to provide that "moderate rehabilitation" means the repair or restoration of a dwelling unit when the value of such a repair or restoration is not more than 40 percent of the value of the dwelling unit but not less than $10,000.

·       Amends s. 420.5087, F.S., to include projects that include green building principles, storm-resistant construction, or other elements to reduce long-term maintenance costs as projects eligible to apply for and receiving consideration for funding from the SAIL program and provides that the proceeds of SAIL loans may be used for moderate rehabilitation or preservation of affordable housing units.

·       Directs a variety of agencies development and implement strategies and procedures to increase affordable housing opportunities for young adults who are leaving the child welfare system.

·       Amends a number of definitions in s.420.9071

·       Authorizes counties and eligible cities to use SHIP dollars to provide relocation grants to persons who have been evicted from rental housing due to the property being in foreclosure

·       Amends s. 420.9073 relating to Local Housing Distributions

·       Amends s. 420.0975 relative to Local Housing Assistance Plans as follows:

-In the development and implementation of local housing assistance plans used to make affordable housing available to qualified persons, counties and cities must include persons with disabilities as persons with special housing needs.

-The local housing assistance plans of counties and cities can include strategies to assist persons and households with annual incomes of not more than 140 percent of the area median income.

-Local housing assistance plans must describe initiatives that encourage or require innovative design, green building principles, storm-resistant construction, or other elements that reduce long-term costs relating to maintenance, utilities, or insurance.

-Counties and cities are encouraged to develop local housing assistance plans that provide funding for preservation of assisted housing or assisted housing developments.

-Not more than 25 percent of funds made available in each county and eligible city may be used for manufactured housing.

-Monroe County's exemption from income-restrictions relating to the use of set-aside funds in the local government assistance trust fund is extended from July 1, 2008 to July 1, 2013, so that awards may be made to residents with incomes no higher than 120 percent of the area median income, and applied retroactively.

-SHIP funds may be used for preconstruction activities. When preconstruction due diligence activities prove that preservation is not feasible, the costs for those activities are program costs and not administrative costs.

-Counties and cities may award construction, rehabilitation, or repair grants as part of disaster recovery, emergency repairs, or to remedy access or health and safety issues.

-Program funds expended for an ineligible activity must be repaid to the Local Housing Assistance Trust Fund and SHIP funds may not be used

·       Amends s. 420.9076 to allow a local governing body that also serves as a local planning agency to appoint a designee to the local affordable housing advisory committee.

·       Repeals s. 420.9078, F.S., providing statutory requirements for the Florida Housing Finance Corporation's distribution of funds, if any, which remain in the Local Government Housing Assistance Trust Fund, after all appropriations have been made.

·       Amends s. 1001.43, F.S., to expand the purposes for which a district school board in an area of critical state concern may use specified properties and surplus lands to include affordable housing for essential services personnel, as defined by local affordable housing eligibility requirements.

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·       Creates the Florida New Markets Development Program similar to the existing federal program

·       Provides state tax credits for investments in low-income communities, up to 39% of original investment amount

·       Tax credits may be used to offset corporate income or insurance premium tax liabilities

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·       Amends s. 373.62, F.S., to revise the requirements for automatic landscape irrigation systems regarding technology, enforcement and creation of a model ordinance by January 15, 2010, with minimum requirements regarding landscape irrigation systems and enforcement, for adoption by local governments no later than October 1, 2010.

·       Creates the Protection of Urban and Residential Environments and Water Act providing:

-Encouragement for all local governments to adopt the model ordinance or more stringent measures.

-Required adoption by local governments of the model ordinance or more stringent measures if within the watershed of a water body impaired by nutrients.

-Development of training and testing programs by the DEP and the Institute of Food and Agricultural Sciences in urban landscape best-management practices.

-Review and approval of equivalent or more comprehensive programs offered by other entities.

-Certification of persons successfully completing one of these programs. 

·       Establishment of procedures for the issuance of a limited certification for urban landscape commercial fertilizer application licenses.

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·       Adds a new definition of "compact urban mixed use district (a district that is a maximum of 75 acres and has development entitlements of at least 400,000 square feet of retail and 500 residential units.)

·       Revised deed restriction rulemaking authority of CDDs to potentially expand their powers over property outside of the CDD, subject to an interlocal agreement or consent of the county or municipality. 

·       Also revises the procedures for amending CDD boundaries or merging them.

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Contains a number of amendments relative to FDOT activities but also includes the following:

·       Future Land Use Element must address lands adjacent to airports

·       Requires ICE to recognize airport master plans

·       Transportation element must include areas around airports

·       Provides DRI exemption for port related industrial or commercial projects located within 3 miles of or in a port master plan area that rely on use of port and intermodal transportation facilities when consistent with the port master plan.

·       Provides a definition of "backlog"

·       Expands powers of transportation concurrency backlog authorities to allow issuing of debt obligations such as bonds

·       Requires bonds to mature no later than 40 years after debt incurred

·       Amends local trust fund language to require fund to continue as long as projects to be completed or incurred debt still exist

·       Requires FDOT, in consultation with a variety of agencies, to conduct a study of transportation alternatives for the travel corridor parallel to I-95, and submit report to by June 30, 2010

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·       Adds definition in Ch. 163 for a rural agricultural industrial center (a developed parcel in unincorporated area with existing ag industrial facility or facilities that employ at least 200 full-time employees.  Includes any biomass material or alternative fuel material.)

·       RAIC can also include contiguous land which contains other activities essential to the operation of the ag industrial facility

·       RAIC must be located within 10 miles of a rural area of economic concern.

·       RAIC landowner can apply for a comp plan amendment to designate or expand the ag industrial uses pursuant to certain criteria

·       Local government must transmit the application, with any needed plan amendment, to DCA within 6 months.  If consistent with this section, the amendment is presumed to be consistent with 9J-5.006(5).

·       RAIC option does not apply to optional sector plan, rural land stewardship area, or any amendment that includes an inland port terminal or affiliated port development.

With respect to budget issues followed by APA Florida,  while the budget adopted by the Legislature allows $250 million dollars of Florida Forever bonds authorized in 2008-2009 to be issued, it does not include debt service for new bonds to be issued in 2009-2010.  During budget conference negotiations, the Senate proposed to appropriate debt service to fund $25 million dollars of Florida Forever Bonds and $25 million of Everglades Restoration Bonds for fiscal year 09-10.  But ultimately the Senate and House agreed to spend the $50 million on Everglades Restoration funding with no new Florida Forever funding.

With respect to commuter rail in Central Florida, SB 1212 did not pass.  This bill dealt 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 would have provided the legislative framework for the Sun Rail project in Central Florida (and potential rail projects in other parts of the state.) 

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.  Thank you to all of the APA Florida members that took the time to review legislation and provide feedback during the Session.  Your input and expertise are invaluable.