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With the first two weeks of the 2010 session over, the budget and economic development remain key topics of discussion. However there are a number of bills that have growth management implications. The following report summarizes those bills that have had some movement over the past two weeks. Please refer back to the March 5, 2010 report for more information about bills of interest not covered herein.
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.
The Joint Legislative Sunset Committee released its report to the Legislature on March 17th. With respect to DCA, the following recommendations were made:
. Combine the Department of Community Affairs and Department of Highway Safety and Motor Vehicles manufactured building programs under the Department of Business and Professional Regulation, using private entities to operate programs.
. Consolidate the Florida Community Trust and the Florida Recreation Development Assistance Program and administer in Department of Community Affairs.
. Transfer the Small County Technical Assistance Program from the Department of Agriculture and Consumer Services to the Department of Community Affairs.
The Senate Committee on Community Affairs, on March 18th, heard and approved CS/SB 282 (Bennett). This committee substitute simply reenacts Section 20.18, F.S. (DCA) and Section 420.504, F.S. (Florida Housing Finance Corporation). Senate staff for this committee is recommending that any programmatic changes be addressed in a separate bill. To date, no such bill has been filed, although there are so-called "shell bills" available for that purpose should the committee decide to address such changes.
On the House side, HB 7107 was filed by the Government Accountability Act Council and has been referred to the House Economic Development and Community Affairs Council. This bill would re-enact DCA, and also makes some changes to programs. The main programs of DCA would remain the same. Under this bill, the Small County Technical Assistance Program would be transferred to DCA from the Department of Agriculture and Consumer Services. There are also some amendments related to the Florida Communities Trust program and the listing of special districts. The bill would also repeal the Community-Based Development Organization Assistance Act found in s.163.455 through s.163.462.
Florida Forever: CS/SB1640 (Fasano) and HB 7145 (Glorioso) would reenact the Florida Forever Program Trust Fund within the Department of Community Affairs. Both bills reenact provisions related to the program, allowing it to receive funds and carryover unspent funds to the next fiscal year. The fund would be required to be reviewed prior to its scheduled termination on July 1, 2014. Both bills would become effective on July 1, 2010 but not take effect unless enacted by a three-fifths vote of each house.
CS/SB 1640 has moved quickly through the Senate this week and was passed unanimously on February 18th and immediately certified. HB 7145 has been placed on the Special Order Calendar for March 24, 2010. Appropriations Committees in both the House and Senate are continuing their work on budget issues. We expect funding for Florida Forever to be addressed in this budget process, but probably in the later stages.
Growth Management: There are several bills that appear to be a response to the ongoing litigation regarding the constitutionality of SB 360. CS/SB 2452, approved by the Senate Committee on Community Affairs on March 18th, would provide that any exemption or permit extension that is given in accordance with Chapter 2009-96 (SB 360) will remain in effect if any portion of that law is subsequently found by the courts to be invalid. This would apply to approved or pending DRI exemptions, 2-year extensions, and any adopted comprehensive plan amendment to authorize a transportation concurrency exception area. HB 7099 (Military & Local Affairs Committee) contains similar provisions. This bill is now in the House Economic Development & Community Affairs Council.
CS/SB 1752 (Gaetz), an economic development bill, contains language in Section 32 on this issue that is consistent with CS/SB 2452. Additionally, Section 33 includes provisions for a 2-year extension to any local government development order, building permit, DEP permit or water management permit that has an expiration date from September 1, 2008 through January 1, 2012. This 2-year extension would also apply to buildout dates and buildout date extensions given under Section 380.06(c), F.S. This extension is in addition to any extension given under Section 14 of chapter 2009-96. The commencement and completion dates for any required mitigation are automatically extended to take place in the same phase timeframe. The permit holder must notify the authorizing agency by December 31, 2010. This bill was moved favorably by the Policy and Steering Committee on Ways and Means and is now headed for the Senate floor. It is placed on the Special Order Calendar on March 25th.
Related to this issue, CS/HB 1509 (Weatherford), which is an economic development bill, contains a provision (section 9) which would extend the 2-year permit extensions granted in Section 14 of chapter 2009-96, Laws of Florida (SB 360) by another year as long as the affected permit holders comply with the specified requirements. This bill was moved favorably by the House Economic Development Policy Committee on March 17th.
Affordable Housing: CS/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 moved favorably by the House Military & Local Affairs Policy Committee on March 3rd. On March 18th, it was moved favorably with amendments by the Full Appropriations Council on Education and Economic Development. Among the amendments approved is one which would require that the housing elements of comprehensive plans address the provision of affordable housing for seniors.
Energy/Climate Change: When originally filed in late February, 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. On March 16th, Senator Bennett filed an amendment which replaced the previous bill and abandoned the energy improvement districts concept. The amendment, moved favorably as CS/SB 2322 by the Senate Committee on Community Affairs on March 17th, provides that a local government can asses a non-ad valorum assessment to fund qualifying improvements related to energy conservation and efficiency. The bill sets out requirements for the types of improvements that can be funded and has provisions for how the assessments can be collected and utilized. This bill will be heard by the Communications, Energy and Public Utilities Committee on March 23rd.
Community Redevelopment: SB 126 (Bullard (L)) and HB 381 (Bullard (D) would expand the definition of "blighted land" to include land previously used as a military facility. SB 126 was moved favorably by the Senate Finance and Tax Committee on March 16th and referred to the Transportation and Economic Development Appropriations Committee. HB 381 is in the Military and Local Affairs Policy Committee.
Expedited Permitting: CS/SB 1126 (Altman) clarifies the duties of OTTED to approve expedited permitting and comprehensive plan amendments. The bill reduces the number of jobs that have to be produced by a business to be eligible for the expedited process, and states that projects resulting in the production of biofuels cultivated on lands that are 1000 acres or more, construction of a biofuel or biodiesel processing facility, or a facility generating renewable energy, are eligible for the expedited permitting process. This bill has been moved favorably by the Senate Environmental Preservation and Conservation Committee and the Senate Committee on Community Affairs. It is in the Senate Committee on Commerce.
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.
--Lester Abberger, APA Florida Legislative Representative
--Julia "Alex" Magee, APA Florida Executive Director | 
