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February 18, 2011

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APA FLORIDA BILL TRACKING SUMMARY

APA Florida's latest Bill Tracking Report is dated February 18, 2011 and is posted to http://www.floridaplanning.org/legislative/index.asp.  These reports are updated and posted every week.  You may also check the status of a bill or review bill text and amendments on the Florida Legislature's website at http://www.leg.state.fl.us as things can change quickly.   Finally APA Florida's Legislative Program and Policies are always at your disposal on APA Florida's Legislative Website at www.floridaplanning.org/legislative/11docs/Approved Legislative Platform9.16.10.pdf.  Please bookmark these sites for continued access throughout the 2010 Legislative Session.

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LEGISLATIVE UPDATES


BUDGET:
  On February 7, Governor Scott released his proposed budget.  Full details are available at www.letsgettowork.net.  This proposed budget does not contain any funding for regional planning councils or the Florida Forever program. 


Governor Scott is also proposing the following transfers of current Department of Community Affairs functions:
-
Division of Community Planning to the Department of Environmental Protection: 
-Division of Emergency Management to the Executive Office of the Governor;
-Building Code Compliance and Hazard Mitigation program within the Division of Housing and Community Development to Department of Business and Professional Regulation;
-Public Service and Energy Initiatives program within the Division of Housing and Community Development to the Department of Environmental Protection; and
-Land Acquisition program within the Office of the Secretary to the Department of Environmental Protection 


HIGH SPEED RAIL:  Earlier this week, Governor Scott unexpectedly announced that he had rejected the federal money slated for the high-speed rail project in Central Florida.  In response to requests from the Florida Congressional Delegation, US Transportation Secretary LaHood has given one week to create a deal that would give the money to a private entity or a regional planning organization.  If that fails, the money will apparently be reallocated to another state pursuing high-speed rail projects.  


GROWTH MANAGEMENT:  There are a number of proposals related to the comprehensive planning process that are beginning to emerge. (To see a summary of all the bills that APA Florida is following, click on the bill tracking report in the section above.)

Newly appointed DCA Secretary Billy Buzzett made a presentation outlining DCA's proposed growth management reforms to the Senate Committee on Community Affairs on February 8th.   In summary, these reforms include:
 1)Expanding the Alternative State review process to all local governments, with certain amendments remaining subject to the normal review process
 2)Limiting scope of state review to compelling state interests (natural resources of statewide significance, transportation facilities of statewide significance, natural disaster preparedness, protection of major military installations from incompatible development)
 3)Shifting DCA focus to large-scale planning based upon the current Optional Sector Planning process


Secretary Buzzett's presentation can be found on page 64 of the committee agenda Packet found at www.flsenate.gov/PublishedContent/Committees/2010-2012/CA/MeetingRecords/CA.pdf .

The Florida Chamber and other partners are also developing a proposal for both the comprehensive planning process and the DRI process.  Some of the major changes related to Chapter 163, (note: not all in their entirety are listed below) include:
1)DCP identified as the "state land planning agency" 
2)All amendments subject to the alternative state review process
3)DCP comment and challenge only if important state resources or facilities are directly, significantly and adversely impacted by an adopted amendment.
4)Repeal 9J-5
5)Remove mandated requirement for EAR
6)Need is changed to a minimum
7)Defines new towns, transit oriented development, urban villages as not urban sprawl
8)Removes financial feasibility requirement
9)Revises the Optional Sector Planning process and eliminates state review of sector plans
10)Amends provisions relative to urban service area/urban infill
11)Revises transportation provisions including proportionate share calculation, TCEAs, transportation backlog,
12)Revises the Rural Land Stewardship Areas

Relative to the DRI process, the same group proposes a number of changes (note: not all the changes in their entirety listed below) :
1) Deleting the automatic DRI threshold of 120%
2)Exempting the following uses: airports, attraction/recreation, industrial, mining, hotel/motel, schools, transit oriented design (TOD)
 3)Increasing DRI thresholds and substantial deviation thresholds
 4)Amending various time periods in the process
 5)Amending the role of RPCs in the process

Please contact the Chapter office at fapa@floridaplanning.org if you would like a copy of either the 163 or the 380 proposal.

While neither of the above proposals has been filed as a bill, there are a number of growth management bills that have been filed.  Of particular interest are the following.

Senator Bennett (R-District 21) has file three bills intended to resolve the issues of SB 360.  SB 174 basically reenacts the growth management provisions and SB 176 reenacts the affordable housing provision. Both of these bills are in the Senate Budget Committee, the last committee of reference.   Companion bills (HB 7001 and HB 7003) have been filed by the House Community and Military Affairs Subcommittee and referred to the House Economic Affairs Committee.

Senator Bennett (R-District 21) has also filed SB 1122 which, among many things, creates the Autonomous Planning Program.  This proposal would require DCA to approve any county or municipality's designation of an autonomous planning area if all the jurisdiction's plan amendments have been found in compliance by final order of the Administration Commission or a court of law within the preceding two years.  If so designated, amendments within that area would have reduced state or regional review unless they propose a rural land stewardship area pursuant to s. 436 163.3177(11)(d); affect areas of critical state concern; propose an optional sector plan; update a comprehensive plan based on an evaluation and appraisal report; implement new statutory requirements; increase hurricane evacuation times or the need for shelter capacity on lands within the coastal high-hazard area; or are new plans for newly incorporated municipalities.  Designated state and regional agencies would have thirty days to provide comments on an amendment, and the state land planning agency would have the ability to file a petition with the Administration Commission to challenge the amendment. 

PUBLIC NOTICE/MEETINGS:
  HB 285 (Eisnaugle, R-District 40) and SB 310 (Negron, R-District 28) amend Section 286.011, F.S, to state that public meetings must include an opportunity for public comment and authorizes the adoption of reasonable rules to govern how this will be accommodated.  Neither bill has been heard and has been referred to three committees.


HB 89 (Workman, R-District 30)) would authorize local governments to use their publicly accessible websites for legally required notices and advertisements. This bill has been referred to three committees.

 
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

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LEGISLATIVE NEWSCLIPS

Obama administration gives Florida an extra week to devise alternative high-speed rail plan
George Bennett, Palm Beach Post, February 17, 2011
www.postonpolitics.com/2011/02/obama-administration-gives-florida-an-extra-week-to-devise-alternate-high-speed-rail-plan/

Is Gov. Scott eying White House in 2012?
Michael Bender and Janet Zink, Miami Herald, February 17, 2011
http://www.miamiherald.com/2011/02/17/2072605/is-gov-scott-eyeing-white-house.html

Guest Commentary: Why do we need growth management in Florida?
Charles Pattison, Marco News, February 18, 2011
 http://www.marconews.com/news/2011/feb/18/guest-commentary-why-do-we-need-growth-management/

Scott to state workers: My focus is private jobs
Brendan Farrington, Associated Press, February 16, 2011
http://www.bradenton.com/2011/02/16/2961611/scott-to-state-workers-my-focus.html

Gov. Rick Scott's budget sends a variety of messages
Aaron Deslatte, Orlando Sentinel, February 14, 2011
http://www.orlandosentinel.com/news/politics/state/os-rick-scott-campaign-pledges-20110214,0,1668304.story

Florida Chamber CEO calls upcoming Legislative session "our time"
Jeff Harrington, Staff Writer, St. Petersburg Times, February 16, 2011
http://www.tampabay.com/news/business/economicdevelopment/florida-chamber-ceo-calls-upcoming-legislative-session-our-time/1151769

Local lawmakers predict tough choices in 2011
Sara Kennedy, Bradenton Herald, February 6, 2011
http://www.bradenton.com/2011/02/06/2934231/local-lawmakers-predict-tough.html

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Julia "Alex" Magee, Executive Director
Florida Chapter of the American Planning Association
2040 Delta Way, Tallahassee, Florida 32301
Phone:  850/201-3272
Email: 
fapa@floridaplanning.org
Web Site:  www.floridaplanning.org

The Florida Chapter of APA provides statewide
leadership in the development of sustainable
communities by advocating excellence in
planning, providing professional development for
its members, and working to protect and enhance the natural and built environments.

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