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

Growth Management:  Growth management and associated regulatory changes are getting early attention this session, being viewed as a way to help position Florida for economic growth. Both the House and the Senate have released major growth management bills:  HB 7049 and CS/CS/SB360 respectively.  Both bills significantly reduce the state review in urbanized areas.  There is a lot in both of these bills so please follow the links to read them in their entirety.

Cited as the "Community Renewal Act", CS/CS/SB360 (Bennett, R-Bradenton) defines "dense urban land areas" as municipalities that have an average of 1000 people per square mile and a minimum population of at least 5000, a county (including the cities therein) which has an average of 1000 people per square mile, or a county (and its cities) which has a population of at least 1 million people.  Transportation concurrency exception areas (TCEA) are automatically created in 1) cities that qualify as such; 2) within the urban service areas of counties that qualify as dense urban land areas; and 3) in counties that have a population of at least 900,000 and qualify as dense urban land areas but don't have an urban service area.   (Optional TCEAs can be designated by any local government elsewhere through the existing comprehensive plan process in urban infill, redevelopment areas etc.)  The Alternative State Review Process is also expanded to apply to future land use map amendments in these same areas, as well as in any designated urban infill area, community redevelopment area, downtown revitalization area, urban service area.  The Development of Regional Impact (DRI) exemption would apply in areas designated as dense urban land areas.  If a municipality does not qualify as a dense urban land area but designates urban infill, community redevelopment, downtown revitalization, urban infill and redevelopment, or urban service areas or urban service boundaries, a DRI exemption will also apply in those areas.  For counties that do not qualify as dense urban land areas, developments within designated urban infill, urban infill and redevelopment, and urban service areas are exempt from DRI review.  Local compliance with financial feasibility requirements is delayed until 2011.  With our Legislative Representative monitoring this bill closely, APA Florida provided initial comments to Senator Bennett on the original bill, raising concerns about the definition of dense urban land areas and its implementation, and linking elimination of DRI review to a density standard.

HB 7049 (Hukill, R-New Smyrna Beach) defines a dense urban land area as a census tract having an average of at least 1,000 people per square mile.  Local municipalities have the option to create a TCEA within its boundaries and counties have the option within areas that meet the definition of dense urban land areas and DCA's review is limited to comments.  TCEAs created outside of these areas are subject to the normal review.  With respect to state comprehensive plan review, most plan amendments are exempt from state review in counties that have a population greater than 1 million and an average of at least 1000 residents per square mile, and in municipalities that have a population greater that 100000 and an average of at least 1,000 residents per square mile.  The Alternative State review process is renamed the Streamlined State Review Process and any local government may elect to use it for any amendment or amendment package not expressly excluded.  This bill also recognizes the ongoing work of DCA and FDOT in developing a mobility fee and delineates criteria for the methodology stemming from those studies.  A final joint recommendation, with recommended legislation, is due December 1, 2009.  The bill also includes a statewide permit extension for three years.

HB 7049 has been referred to the Economic Development and Community Affairs Policy Council.  CS/CS/SB 360 was passed favorably out of its last committee on March 19th and has been placed on the Special Order Calendar for March 24, 2009.
 

Two additional bills proposed by Senator Bennett (R- Bradenton) will be heard in by the Senate Community Affairs Committee on March 24th.  SB 1306 amends the definition of "financial feasibility for transportation facilities to allow maintenance of existing level of service or adopted level of service, whichever is greater.  It also adds language to allow flexibility relative to schools.  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.   Local governments are required to implement long term strategies to fund mobility in those areas; however there is no designated timeframe for doing such.  Projects in agricultural enclaves located in a transportation concurrency backlog area would be eligible for a transportation concurrency exception.  The bill would require local governments with a transportation concurrency backlog to adopt backlog areas as part of its capital improvements element by 2012 and demonstrate by 2027 that the backlogs have been mitigated.  Developers or landowners within a large scale development of at least 500 acres can request that a transportation backlog area be created for that development.  The bill requires DCA and DOT to coordinate their independent ongoing mobility fee studies and present legislative recommendations to the Legislature by December 10, 2010. 

SB 2148 would prohibit members of the local governing body from serving on the local planning agency except in a municipality of less than 10,000 people.  The hosing element is amended to address senior affordable housing. Language is added that would allow chapter 9J-5 to be amended to reflect different minimum criteria based on size, acreage, amount of undeveloped land and services provided.  The bill also 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.  The bill also provides a definition of committed facility for the purposes of transportation concurrency.  An Urban Placemaking Initiative Pilot Program is created to assist local governments in redeveloping primarily single-use areas that surround strategic corridors and crossroads.  The bill creates special public participation requirements for map amendments, requiring one mandatory neighborhood meeting for amendments  between 10 - 49 acres and two mandatory meetings for map amendments 50 acres or greater.  It also delineates the level of change that can be made to an amendment or plan in the 5-day period prior to a public hearing.  The bill deletes existing criteria in 163.3177(14) for establishing an urban service boundary and eliminates the requirement for full-cost accounting analysis of any development for any development proposed outside of this urban service boundary.

SB 2572 (Dean, R-Inverness) proposes almost identical language regarding rural agricultural industrial centers as SB 2148.  This bill will be heard by the Senate Agriculture Committee on March 24th.

DCA Sunset:  While the DCA sunset review is still moving through its process, there is movement on the House side to basically preempt this process by proposing to move various programs with DCA to other agencies.  Both HB 7049 (Hukill, R- New Smyrna Beach) and PCB GAAC 09-04 (Government Accountability Act Council) both 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.  PCB GAAC 09-04 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.

PCB GAAC 09-04 moved favorably out of the Government Accountability Act Council and is currently in bill drafting.  HB 7049 has been referred to the Economic Development and Community Affairs Policy Council.

Developments of Regional Impact:  HB 7049 (Hukill, R-New Smyrna Beach) changes the proportionate share calculation for a DRI, including calculating based on the adopted LOS or maintenance of existing condition where LOS is already exceeded.  A proportionate share payment must be applied as a credit against any transportation impact fee or exaction assessed for traffic impacts from the development.  As indicated above, CS/CS/SB 360 (Bennett, R-Bradenton) eliminates the DRI review process in many areas. 

HB 441 (Reagan, R- Sarasota) and SB 856 (Bennett, R-Bradenton) 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.   HB 441 passed the House Military and Local Affairs Policy Committee and is now in the Roads, Bridges & Ports Policy Committee.  SB 856 is now in the Senate Commerce Committee.

CS/SB 424 (Gardiner, R- Orlando) also includes an 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.  This CS/SB 424 was passed favorably by the Senate Transportation Committee and is now before the Senate Community Affairs Committee.

SB 1306 (Bennett, R-Bradenton), as described above under Growth Management, includes amendments to proportionate share calculations to only look cumulatively at the previously approved phase and the proposed phase when determining if a roadway is significantly impacted.  The Developer's fair share  would be based on the number of trips from the proposed phase that exceed either the peak hour service volume of the adopted LOS or existing level of service, whichever is greater.   Language regarding impact fee credit is included as is a definition of backlogged facilities.

SB 2148 (Bennett, R-Bradenton) expands the 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).  SB 2148 will be heard in by the Senate Community Affairs Committee on March 24th. 

School Concurrency:  HB 7049 (Hukill, R- New Smyrna Beach) contains several revisions relative to school concurrency and a public school facilities element.  It 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.  It deletes 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.

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.  This bill will be before the Senate Community Affairs Committee on March 24th.

SPRINGS PROTECTION
The issue of springs protection is back again this session.  CS/SB 274 (Constantine, R-Altamonte Springs) was passed favorably out of the Environmental Preservation and Conservation Committee. 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 Florida Department of Environmental Protection is required to adopt total maximum daily loads and basin management plans for spring systems.  Local comprehensive plans for the designated spring protection zones must include a spring protection measure during the first Evaluation and Appraisal process conducted after July 1, 2009.  This measure must address protection and restoration of water quality in the spring.  The bill also addresses the requirement for a state wide onsite sewage treatment and disposal system inspection program and gives priority under Florida Forever to projects located in within a springs protection zone.

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 been forwarded favorably by the Governmental Affairs Policy Committee, the Agriculture and Natural Resources Policy Committee and the General Government Policy Committee.  It has been referred to the Policy Council.  An identical bill, SB 852 (Fasano, R-New Port Richey) has been filed in the Senate but is temporarily postponed by the Environmental Preservation and Conservation Committee and has not yet been acted on.

COMMUNITY REDEVELOPMENT
CS/SB 110 (Bullard) 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 the Military Affairs & Domestic Security Committee and is in the Senate Finance & Tax Committee.
 

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/SB 1212 has passed the Senate Judiciary Committee and is now in Transportation and Economic Development Appropriations.  HB 7009 has not yet been referred to committee.

CS/SB 582 (Baker, R-Eustis) and 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) 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.  CS/SB 424 was passed favorably by the Senate Transportation Committee and is now before the Senate Community Affairs Committee.  HB 1021 was passed favorably by the Road, Bridges and Ports Policy Committee and the Economic Development & Community Affairs Council.  It is now before the Finance and Tax Council.

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 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