WHAT DID NOT PASS?

DCA Sunset Review:  None of the bills that would have reauthorized DCA, and brought the sunset review process to a conclusion, passed. However, it is important to note that DCA was not singled out.  The House took no action on the sunset review process for several other state government agencies as well.  The Senate passed SB 282, reauthorizing DCA, but the House let it die in messages.  HB 7107, which would have reauthorized DCA with some non-growth management changes, died in the House Economic Development & Community Affairs Policy Council.  There were one or two attempts during the last days of the session to add reauthorization language to other bills but those efforts failed as well.  As a result, DCA will continue to function in its present form but will have to face sunset review again next year.

Affordable Housing:  We were extremely disappointed that HB 665, the omnibus housing bill which included a repeal of the cap on the Sadowski Trust Fund, failed to pass on the last day of the session.  The bill was passed by the House and sent to the Senate during the last week of session.  The Senate passed the bill with one amendment and sent it back to the House.  This amendment added language seen in other bills to reauthorize the exemptions created last year in SB 360.  It also granted an additional 2 year extension on local development orders, building permits, and DEP/WMD permits that would expire within certain time periods.  The amendment also revised the definition of "urban service area" in Chapter 163.3162(29) to include any area identified in the comprehensive plan as urban service area regardless of local government limitation.  The House refused to concur with the amendment and sent it back to the Senate, asking them to recede from the amendment.  After refusing to do so and sending it back, the bill died in returning Messages in the House.

Public Participation:  While a number of bills that focused on public participation and public notice were filed at the beginning of the session, most failed to make any progress, including HB 733  and SB 1942 .  These two bills would have required discreet public participation plans in the comprehensive planning process. 
 

WHAT DID PASS?

Florida Forever:  The Legislature did include $15 million in the FY 2010-2011 budget for Florida Forever.  APA Florida vigorously supported Florida Forever funding as the program was not funded for the 2009-2010 fiscal year.  In the context of the state's dire budget challenges, reestablishing Florida Forever funding is an important victory.  Additionally SB 1640ER, which recreates the Florida Forever Trust Fund within DCA, was signed by the Governor on April 15, 2010.  Now designated as Chapter 2010-18, its effective date is July 1, 2010. 

Transportation Concurrency:  HB 143ER amends concurrency requirements in Chapter 163.3180(4) (b) to include hangers for the assembly or manufacture of aircraft in the definition of public transit facilities.  As a result of this amendment, the concurrency requirements in local comprehensive plans would not apply to these facilities.  The bill has an effective date of July 1, 2010.

HB 143ER was presented to the Governor who has until May 15th to act. 

Expedited Permitting:  SB 550ER is a 171 page bill focusing on a variety of water supply planning and water resource issues, including the amendment of chapter 373 to include a new Part VII, Water Supply Policy, Planning, Production, and Funding.  The language that would have created the "Florida Springs Act" was not included in the final bill.  However the bill (Section 62) does move responsibility for the expedited permitting and comprehensive plan amendments under Section 403.973 from the Office of Tourism, Trade, and Economic Development to the Department of Environmental Protection.  The number of jobs that a business must produce in order to be eligible are reduced and  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.  The bill also includes some amendments to the appeals process for the expedited permits and amendments.

This bill has an effective date of July 1, 2010.

Permit Extensions:  SB 1752, hailed as an economic development bill, primarily deals with tax exemptions and other incentives to promote economic development in the state.  However it does include, in Section 46, language which extends local government development orders, building permits, or DEP/WMD permits that would expire between September 1, 2008 and January 1, 2012 by 2 years after the previously scheduled expiration.  This extension is in addition to the 2 year extension provided last year in SB 360.  Commencement and completion dates are also extended.  The permit holder has to inform the authorizing agency by December 1, 2010 of intent to utilize the extension.  Permits extended under this clause continue to be governed by the rules in effect at the time the permit was issued, unless it can be shown that those rules create an immediate threat to health or safety.  

Section 47  includes language responding to the ongoing litigation regarding the constitutionality of SB 360.  The language reauthorizes the exemptions created in SB 360 and would apply retroactively.  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. 

This bill will take effect upon becoming law.

Military Base Compatibility:  HB 7129ER amends section 163.3175 dealing with compatibility with military installations.  The bill specifically identifies the military bases and local governments to which the section's requirements apply.  It allows a base commander to request copies of variances to height, lighting or noise attenuation reduction requirements.  If a local government does not adopt address military base compatibility in its future land use plan element by June 30, 2012, mandatory mediation is required.  If the plan does not include compatibility criteria by December 31, 2013, the Administration can impose sanctions if notified by DCA.  The bill also amends the requirements of the future land use element to reflect the above issue.

This bill has an effective date of July 1, 2010.

Rural Enterprise Zones:  HB 843ER requires that any catalyst zone, as defined in s. 288.0656(2)(b), that was approved prior to January 1, 2010 and is not located in an existing rural enterprise zone shall be designated by OTTED as a rural enterprise zone upon request of the host county.  The designation will provide businesses locating within the catalyst site with the economic incentives and benefits under s.290.0065.

SB 1724 was similar to the above bill; in the last days of session, the Senate substituted this bill for SB 1724.

This bill has an effective date of July 1, 2010.

Transportation Access:  SB 1842 requires DOT to notify all affected property owners, municipalities and counties whenever a project on the State Highway System will divide the highway, erect median barriers that modify current turning movements or close/modify existing access.  The notification must occur at least 180 days prior to when the design is finalized.  DOT must hold at least one public hearing in the affected jurisdiction and determine economic impacts of the change.  The local government must be consulted on the design and is authorized to present alternatives.

This bill has an effective date of July 1, 2010.

Agriculture:  HB 7103ER prohibits local governments from enforcing certain activity limits or charging certain assessments on agricultural land.   It creates the Agricultural Land Acknowledgement Act, designed to reduce conflict between agricultural and non agricultural uses to protect sustainable agricultural lands.  Prior to issuance of a local land use permit, building permit, or certificate of occupancy for a non-agricultural use contiguous to sustainable agricultural land, the permit applicant must sign and submit for recordation a written acknowledgment of contiguous sustainable agricultural land.  The bill defines sustainable agricultural land as "land classified as agricultural land pursuant to s. 193.461 which is used for a farm operation that uses current technology, based on science or research and demonstrated measurable increases in productivity, to meet future food, feed, fiber, and energy needs, while considering the environmental impacts and the social and economic benefits to the rural communities."  The bill also amends existing language to now state that nonresidential farm buildings and fences are exempt from the Florida Building Code and all local codes or fees except for floodplain management regulations.

SB 2074 was similar to the above bill; in the last week of the session, the Senate substituted HB 7103 for SB 2074.

The bill was presented to the Governor who has until May 15, 2010 to act on it.  It will be in effect upon becoming law.

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.