WHAT DIDN'T PASS:
Agriculture:
CS/SB 858 (Senator Hays, R- District 20) and CS/HB 707 (Representative Crisafulli, R-District 32) died in the Senate Budget Committee and the House Rulemaking and Regulation Subcommittee respectively. These identical bills would have prohibited a county from enforcing certain limits on activity of bona fide farm operations on agricultural land or charging for storm water management assessments and fees under certain circumstances. The bills also proposed the Agricultural Land Acknowledgement Act to ensure that generally acceptable agricultural practices will not subject to interference from residential land use contiguous to sustainable agricultural lands. They basically would have required that a notice acknowledging the agricultural use be signed and recorded before a permit or certificate of occupancy can be issued for a non-agricultural use. The bills also proposed to amend the definition of non-residential farm buildings which are exempt from state and local building codes and local fees, and also to clarify that farm fences are also exempt.
Economic Development/ Enterprise Zones :
A number of bills that were intended to help promote economic development by providing incentives through a variety of programs failed to move this session. HB 725 (Representative Perman, D-District 78) dealt with enterprise zones that include rural areas of critical economic concern but died in the House Finance and Tax Committee. HB 379 (Representative Clemens, D-District 89) and SB 1416 (Senator Benacquisto, R-District 27) proposed to waive certain comprehensive plan requirements for “municipalities of special financial concern”; they died in the House Community & Military Affairs Subcommittee and Senate Community Affairs Committee respectively. SB 468 (Senator L. Bullard, D-District 39) which would have expanded the definition of “blighted area” died in the Senate Budget Committee.
Environmental Regulation :
CS/CS/CS/HB 991e1 (Representative Patronis, R-District 6) proposed a number of changes to permit applications and procedures. However it also proposed several changes related to the comprehensive planning process, including an exemption for mines and mine expansions from the DRI process. The bill died in the Senate in messages. The DRI exemption, however, was incorporated into HB 7207 (discussed below.)
Public Notice/Public Meetings:
Three bills – HB 89 (Representative Workman, R-District 30), HB 285 (Representative Eisnaugle, R-District 40) and SB 310 (Senator Negron, R-District 28) - which would have dealt with effective public notices and public meetings, all died in the House Governments Operations Subcommittee. SB 914 (Senator Bennett, R-District 21), the companion bill to HB 89, died in the Senate Community Affairs Committee.
WHAT DID PASS:
Florida Forever :
The 2011-2012 budget includes $305 million for the Florida Forever land acquisition program but the money must come from the sale of existing surplus state land no longer needed for conservation purposes. The Florida Department of Environmental Protection and the Department of Management Services will review state holdings for possible sale.
Growth Management:
HB 7207 as amended by its Conference Committee, emerged as the vehicle for the sweeping growth management changes discussed by both the House and Senate this session. (HB 7129 died in returning messages to the House.) This bill makes significant changes to most aspects of the current planning process and reduces the state role. You are strongly encouraged to read this bill. The implementation of these changes on local and state planning process is already emerging as a major topic of conversation as planners and developers try to understand the implications of this bill. Please note that the APA Florida 2011 Annual Conference on September 7-11 will have a number of sessions devoted to the implementation and implications of the bill’s provisions.
To read a summary of the major changes in the bill, click here. (It is also posted at www.floridaplanning.org/legislative/index.asp .)
Effective Date: Upon becoming law
Chapter 2011-14 (formerly HB 7001 - House Community & Military Affairs Subcommittee) has been signed by Governor Scott and is in effect. The bill reenacts the growth management changes originally passed in SB 360. The bill was signed by Governor Scott on April 27, 2011 and applies retroactively to June 1, 2009 (unless that retroactive application is held to be unconstitutional.) It should be noted some of the provisions that were reenacted in this bill appear to not be consistent with the provisions adopted in HB 7207. It is unclear how these two bills work together or whether there is a conflict that will have to be reconciled.
Effective Date: April 27, 2011
Affordable Housing :
HB 639ER (Representative Aubuchon, R- District 74) include a number of changes to the statutes that govern implementation of affordable housing programs, practices and procedures administered by the Florida Housing Finance Corporation. But this bill also allows local government comprehensive plans to include provisions for affordable housing for seniors (60 years or older) as part of the required housing element.
Effective Date: July 1, 2011
Also Chapter 2011-15 (formerly HB 7003 – House Community and Military Affairs Subcommittee) has been signed by Governor Scott and is in effect. The bill reenacts a number of provisions of law relating to affordable housing that were called into question through the Chapter 360 litigation. The bill was signed on April 27, 2011 and is retroactive to June 1, 2009 (unless that retroactive application is held to be unconstitutional.)
Effective Date: April 27, 2011
Property Rights :
CS/CS/HB 701ER (Representative Eisnaugle, R-District 40) makes changes relative to the Bert Harris Act. The bill says that a moratorium on development that lasts more than a year may constitute an inordinate burden. The bill changes some of the time frames for presenting and acting on claims. It also indicates that the state and its agencies and political subdivisions waive sovereign immunity.
Effective Date: July 1, 2011
Impact Fees :
SB 410ER (Senator Bennett, R-District 21) reenacts s. 163.31801(5) F.S. which states that, in any action challenging an impact fee, the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee meets legal requirements. It prohibits a court from using a deferential standard. The bill specifically states that these provisions shall operate retroactively to July 1, 2009. If such retroactive application is held by a court of last resort to be unconstitutional, this act shall apply prospectively from the date that this act becomes a law.
Effective Date: Upon becoming law
Governmental Reorganization :
SB 2156 (Budget) creates a new Department of Economic Opportunity. The Division of Housing and Community Development, the Division of Community Planning, and the Florida Housing Finance Corporation are transferred from the Department of Community Affairs to this new department. The Division of Emergency Management is transferred to the Executive Office of the Governor and the Florida Building Commission is transferred to the Department of Business and Professional Regulation. Florida Communities Trust and the Stan Mayfield Working Waterfronts programs are transferred to the Department of Environmental Regulation. (The Office of Tourism, Trade and Economic Development, and some of the programs from the Agency for Workforce Innovation would also be transferred to the Department of Economic Opportunity.) The transition will take place by October 1, 2011.
Effective Date: July 1, 2011
Century Commission :
Two stand-alone bills - HB 261 (Representative Pilon, R-District 69) and SB 232 (Senator Bennett, R- District 21) died in committee. But as part of the larger growth management amendments included in HB 7207, the Century Commission for a Sustainable Florida was retained but language was added to Section 163.3247 to abolish the Commission on June 30, 2013.
Agency Rulemaking :
CS for CS/CS/HB 993 & HB 7239 ER makes a number of changes to the process and reporting responsibilities associated with agency rulemaking. But a late amendment to this bill amended Chapter 120.569 F.S. regarding non-applicant challenges under Chapter 373, 378 and 403, F.S. The new language states that the applicant first presents a prima facie case as to entitlement to the permit or approval, followed by the agency. Then the petitioner follows, having the burden of proof based on competent and substantial evidence, that the approval should not be given. The applicant and agency have the opportunity to rebut and may present further evidence that the application should be issued. The petitioner does not have an opportunity to rebut this new evidence.
Effective Date: Upon becoming law
Florida Energy and Climate Commission :
SB 2106ER (Senate Budget Committee) eliminates the Florida Energy and Climate Commission and transfers its duties and responsibilities among the Department of Agriculture and Consumer Affairs, the Division of Emergency Management and the Department of Environmental Protection.
Effective Date: July 1, 2011
back to top
|
