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The 2010 Legislative Session opened on Tuesday, March 2nd. As Senator Mike Bennett indicated at the recent APA Florida Public Policy Workshop, this session is likely to be a quiet one with respect to growth management. (If you were unable to attend this workshop, click here to read a summary of it). The dismal budget and economic climate in Florida will continue to be the significant topics of discussion.
The following is a summary of bills of interest filed to date:
Public Notice/Public Participation Plans: At least ten bills related to public notice or public participation plans have been filed to date. While several focus on public record requirements and the ability of governmental entities to advertise public notices on websites, HB 733 (Sands) and SB 1942 (Smith) would require public participation plans in the comprehensive planning process. These identical bills would require that every application for a comprehensive plan amendment or development order must include a public participation plan that is implemented prior to the initial public hearing. The bill specifies requirements that each public participation plan must meet and requires that the applicant provide a written report on the results of the public participation efforts to be attached to the staff report on the amendment or development order.
DCA Sunset: DCA's sunset review, a normal review done on each agency every ten years, is still underway. The legislature has the option to continue the agency, eliminate the agency or repealing, revamping or reassigning its functions. To date, there does not seem to be any effort to eliminate the agency in its entirety, although there has been discussion of revamping some non-growth management programs. Two shell bills related to the sunset review (SB 282 and SB 284) have been filed by Senator Bennett; however there is no specific language included in those bills to date.
Florida Forever: APA Florida continues to support funding for the Florida Forever program. Governor Crist has included a 4.8 million dollar appropriation for the program in his proposed budget. On March 4th, APA Florida participated in a press conference with other Florida Forever Coalition members in support of this funding. As part of this event, the Florida Chamber of Commerce announced its open support for the program. APA Florida continues to support funding for the Florida Forever program and will monitor funding as the state budgetary process continues over the upcoming months.
Growth Management:
CS/SB 1742 (Bennett), approved by the Senate Committee on Community Affairs on March 4th, deals with a number of issues related to transportation. It includes a definition of transit oriented development (TOD) and provides a DRI exemption for any TOD incorporated into a local plan that has adopted land use and transportation strategies to support and fund mobility. This exemption would not apply within areas of critical state concern, the Wekiva Study Area of within 2 miles of the Everglades Protection Area boundary.
CS/SB 1742 also includes a provision that allows a landowner or developer of more than 500 acres to ask a local government to create a transportation concurrency backlog area if roads impacted by the development will be backlogged. It also would require that if an earlier phase of a project is included in any proportionate share calculation, the mitigation provided by the developer as part of that earlier phase must be included in the calculation based on its present value. The bill also allows plan amendments related to the creation of transportation concurrency exception areas to use the alternative state review process. Language is also included which state the cost of mitigation for transportation impacts shall be distributed to all affected jurisdictions based on the percentage of total transportation mitigation costs incurred by the affected jurisdiction.
The original version of SB 1742 contained language intended to resolve the ongoing debate between Senator Bennett and Secretary Pelham regarding whether the application of SB 360 provisions meant that transportation concurrency as a whole was eliminated in transportation concurrency exception areas created under that bill or whether it still applied until local requirements were amended. The original language appeared to be intended to end this debate by stating that transportation concurrency under any circumstances is eliminated. However, that language was not included in the amended bill.
SB 2452, also filed by Senator Bennett, appears to be a response to the ongoing litigation regarding the constitutionality of SB 360. The bill would provide that any exemption or permit extension that is given in accordance with Chapter 20009-96 (SB 360) will remain in effect if any portion of that law is found by the courts to be invalid.
SB 1577 (Brandenburg) includes provisions to allow certain local governments to apply for a waiver of the update requirements for the capital improvements element and schedule, a waiver of the evaluation and appraisal requirements, and/or a waiver of the update requirements of the regional water supply plan. To be eligible for this, a local government must meet a number of requirements including an annual budget of less than $250,000, meeting a vacant land threshold of 20% or 25 acres which ever is less, and no new development since the last update of the capital improvements element and schedule. DCA is required to grant the request if it determines that all the eligibility criteria have been met. The bill language does not address how long the waiver is good for or how many times it can be requested.
SB 2078 (Bennett) creates a Platted Lands Pilot Program for the purpose of redeveloping antiquated subdivisions. DCA will administer the pilot program and must designate at least one pilot location by October 1, 2010. To be a pilot, a local government must either be a county with a population of at least 150,000 or a city of at least 50,000 persons. It must have at least 75,000 platted lots in antiquated subdivisions, have an existing transferable density units program, and meet other criteria.
Transportation Concurrency Exemptions: Both HB 143 (Ray) and SB 1518 (Altman) would expand the current transportation concurrency exemption for public transit facilities to include hangers for the assembly and manufacture of aircraft. SB 1518 was passed favorably by the Senate Committee on Community Affairs on March 4th and now moves to the Transportation and Economic Development Appropriations Committee. HB 1177 (Williams) focuses on providing concurrency relief for brownfield developments. The bill contains a provision a local government to designate a brownfield area as a transportation concurrency exemption area, or waive all concurrency requirements except for transportation and schools. HB 1461 (Fitzgerald), which amends provisions and incentives for pilot energy economic zones in s. 377.809, F.S., would also designate these zones as transportation concurrency exception areas.
Transportation Planning: There are a number of bills filed pertaining to transportation planning. In particular, HB 1139 (Rogers) and SB 2432 (Smith) propose that, in each fiscal year, the percent of all state revenues deposited into the State Transportation Trust Fund used for public transportation projects should be increased from a minimum of 15 percent to a minimum of 25 percent. Additionally, HB 1139 would require that a minimum of 28% of those public transportation funds should be specifically committed for public transit.
SB 424 (Bullard), among other things, would eliminate the requirement for the annual update of the Florida Transportation Plan, (FTP), as well as the requirement for a short-range implementation component to the plan. The bill would require that the FTP be updated at least every five years.
Both SB 2324 (Altman) and HB 1275 (Ray) deal with the makeup and responsibilities of Metropolitan Planning Organizations (MPOs). The changes generally reflect federal requirements, including specific criteria for the development and use of MPO public participation plans.
Affordable Housing: CS/HB 665 (Aubuchon) is the omnibus affordable housing bill. Among its provisions is the repeal on the cap on the Sadowski trust funds, and direction to use trust fund monies to create housing related jobs, move existing inventory, and preserve /rehabilitate existing affordable housing. The bill was passed favorably by the House Military & Local Affairs Policy Committee on March 3rd.
Energy/Climate Change: SB 2322 (Bennett) would authorize local governments to create energy improvements districts as an alternative method to manage and finance renewable energy and energy efficiency projects. The purpose of the districts is to provide financing for the installation of energy efficient improvements permanently affixed to property by participating landowners within the district. Improvements could include items such as insulation, storm windows, water systems, solar thermal systems, biomass systems.
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 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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