Florida's
2005 growth management legislation, Senate Bill 360, brings fundamental
changes to concurrency requirements for roads, schools and water. It
also provides substantial funding for infrastructure, and requires the
creation of advisory groups to study key issues related to growth in
Florida. Click here for a detailed
over view of the 2005 legislation. Here is an update of some of what
has happened since passage of the bill:
Glitch
Bill Update
Both the
Senate Community Affairs Committee and the House Growth Management Committee
are evaluating whether legislation is necessary to fix glitches created
by Senate Bill 360. Both committees have solicited stakeholder suggestions,
and the Senate Committee compiled an interim
report. Areas receiving the most comment include the capital improvements
element and the financial feasibility requirement, school concurrency,
transportation concurrency, and proportionate share mitigation for transportation
concurrency.
Some suggestions
would have a chilling effect on the ability of citizens to participate
in the comprehensive plan amendment adoption process. For example, several
recommended that if a third party (such as 1000 Friends) challenged
an amendment to the capital improvements element, they be required to
post bond or pay the prevailing party's attorney's fees. 1000
Friends' Legal Director Janet Bowman is following these committees closely.
The
Century Commission for a Sustainable Florida
Growth
may be Florida's greatest challenge in the years to come. To ensure
that planning represents the interests of all Floridians, the 2005 growth
management bill established the Century Commission for a Sustainable
Florida. Unlike
most blue ribbon commissions, the Century Commission is intended to
function as a standing body, "to help citizens of this state envision
and plan their collective future with an eye towards both 25-year and
50-year horizons." Governor Bush, Senate President Tom Lee (R-Brandon)
and House Speaker Allan Bense (R-Panama City), were each charged with
making five appointments to the 15-member commission.
Senate
President Lee has appointed 1000 Friends of Florida Executive Director
Charles Pattison to a four-year term. "I have a deep respect for
Senator Lee and his understanding of the many growth management issues
facing this state," said Pattison. "I am very honored to be
selected to serve on the commission, which will address one of Florida's
most pressing challenges."
Pattison
indicated that his input will be based largely on 1000 Friends' 2004
white paper, Growth
Management for Florida's Future. Individuals or organizations wishing
to share ideas they would like the commission to consider are invited
to contact Pattison at friends@1000fof.org.
1000 Friends will post information on the commission after meetings
begin later this year.
In addition
to 1000 Friends' Charles Pattison, other commissioners include St. Petersburg
Mayor Rick Baker who will serve as chair, Palm Beach County Commissioner
Mary McCarty, Highlands County Commissioner Robert Bullard, Gov. Bush's
ex-chief of staff Kathleen Shanahan, Tallahassee lobbyist Steve Uhlfelder,
the Florida Audubon Society's Charles Lee, Sarasota County school board
member Laura Benson, Senator Mike Bennett (R-Bradenton), St. Joe Company
executive Chris Corr, Brooksville real estate agent Gary Schraut, Florida
Ports Council president John LaCapra, and developers Julio Robaina of
Hialeah, Dennis Gilkey of Bonita Springs, and Don Whyte of Tampa.
In January
of 2007, the commission will submit its first annual report to the governor
and Legislature. At that time, the Senate President and Speaker of the
House of Representatives will create a joint select committee to review
the commission's findings.
Impact
Fee Review Task Force
Among its
many provisions, Senate Bill 360 also required establishment of a15-member
Impact Fee Review Task Force to survey the current use of impact fees
as a method of financing local infrastructure. The group began its monthly
meetings in August, and is to present its report and recommendations
to the Governor and Legislature in February of 2006. The group has conducted
surveys of local governments and school boards regarding their use of
impact fees, and received input from numerous stakeholders, including
1000 Friends Board Member Jim Nicholas. More information on the task
force is available at http://fcn.state.fl.us/lcir/taskforce.html.
Florida
Oceans and Coastal Council
The Florida
Oceans and Coastal Council, was established under 2005's House Bill
1855. Its purpose is to develop priorities for ocean and coastal research,
and establish a statewide ocean research plan. Visit http://dep.state.fl.us/oceanscouncil/
for more information.
School
Concurrency
Among other
provisions, the 2005 Growth Management Bill requires that adequate school
capacity be directly tied to future growth; previously, school concurrency
was optional. In early September, the Florida Department of Community
Affairs and the Florida Department of Education selected six counties-Hillsborough,
Indian River, Lake, Sarasota, St. Johns, and Walton-to serve as pilot
communities for the early implementation of the new school concurrency
laws. These communities are expected to develop concurrency models that
can then be adapted by other communities across Florida.
Also to
assist with implementation, the Florida School Boards Association is
holding a series of workshops on the new requirements. All school concurrency
elements must be adopted and interlocal agreements updated no later
than December 1, 2008.
Proportionate
Fair Share Mitigation
One of
the more controversial provisions of 2005's growth management bill is
that it gives local governments the option to assess developers their
"proportionate fair share" of the cost of transportation infrastructure
related to new development. Senate Bill 360 requires that, by December
of 2006, each local government identify accepted methodologies to calculate
proportionate fair share mitigation within its transportation concurrency
management system. To assist with this, the Florida Department of Transportation
is required to develop a model transportation concurrency management
ordinance, including such methodologies, by December 1 of this year.
To find out more or to provide input, visit www.dot.state.fl.us/planning/gm/default.htm
or contact Rob Magee of the Office of Policy Planning at 850.414.4803.
While the
following committees were not established under SB 360, they nonetheless
have ramifications for growth management in Florida:
Coastal
High Hazard Study Committee
Increased
hurricane activity has sharpened the focus on how Florida develops its
coastal areas. Noting the importance of this concern, in early September,
Governor Jeb Bush issued an Executive Order creating the Coastal High
Hazard Study Committee. The group held its first meeting in October,
and will present its final report to the governor, House Speaker, and
Senate President no later than February 1, 2006.
In his
order the governor noted the tremendous economic impact of Florida's
coastal areas. Coastal residents and tourists combined have a $41.6
billion annual impact on the state's economy, and the total value of
coastal residential and commercial properties is fast approaching $1
trillion.
The 17-member
committee is charged with recommending "enhanced land planning
strategies and development standards that are consistent with protected
property rights and which establish clear standards for mitigation of
life, safety, community infrastructure and property hazards." 1000
Friends will work closely with Gary Appelson of the Carribean Conservation
Corps, who has been appointed to the environmental seat on the commission.
Select
Committee to Protect Private Property Rights
Florida
House Speaker Allan Bense has appointed a Select
Committee to Protect Private Property Rights. Representative Marco
Rubio (R-Miami), will chair the committee, whose purpose is to examine
the use of eminent domain in Florida in light of the recent U.S. Supreme
Court case of Kelo v. City of New London. In Kelo, the court upheld
New London's use of eminent domain to condemn homes in an area that
was distressed but not blighted to allow a redevelopment project. Under
Connecticut law, the use of eminent domain to promote economic development
is specifically authorized.
The Select
Committee is charged with examining this state's eminent domain law
to "ensure that, in Florida, eminent domain is only asserted in
situations where the public necessity and the public benefit are very
clear." The committee is soliciting stakeholder input on a number
of issues, and is expected to focus on the scope and uses of Florida's
Community Redevelopment Act.
Florida
Forever Coalition
Now halfway
between its creation and end date, Florida Forever is undergoing a "mid-term
review." The 10-year, $300 million dollar per year land acquisition
program was established as the successor to Preservation 2000. Together,
the two programs have preserved more than a million acres of land around
the state to date. To determine whether Florida Forever is meeting its
statutory goals, the Senate Committee on Environmental Preservation
will be reviewing its acquisition history and the state's land surplus
process, focusing particularly on the sale of surplus property to local
governments.
1000 Friends
of Florida joined with other interested groups to form the Florida Forever
Coalition. Besides examining ways to improve the current program, the
coalition is working toward developing a successor to Forever Florida.
Primarily because of escalating land prices, it is becoming increasingly
challenging to acquire some of the most desirable environmentally sensitive
parcels of land.
Currently,
Florida Forever funds are being considered for the acquisition of the
Babcock Ranch property in Charlotte and Lee Counties. The coalition
is suggesting that funding for this project include a general revenue
appropriation outside of current Florida Forever monies, so that the
fund is not exhausted on a single project.
