The 2005 Legislative Session ended on May 6. It was a hectic session, but in the end had some positive results for growth management. The damaging "Agricultural Economic Development Bill" (SB 716) with its sprawl-inducing "ag enclave" provisions failed to pass, thanks in large part to 1000 Friends and a few other groups willing to oppose this bill. However, its sponsor has committed to reintroduce this legislation every year until it passes, so more battles loom ahead.

There was a last minute move to undo the Pinecrest decision (a legal ruling that required a developer to demolish an apartment complex built in defiance of Florida's growth management laws) and make it easier for Scripps or any biotech project to develop the Mecca site in Palm Beach County. However, 1000 Friends spent the last days of the session arguing against this proposed amendment, which ultimately was never attached to any bill.

Several major growth management bills passed--SB 360 relating to growth management, SB 444 relating to water planning, supply and concurrency, and HB 1889 relating to the affordable housing trust fund.

Senate Bill 360-Growth Management

The most important piece of growth management legislation to be adopted since Florida's Growth Management Act was adopted in1985, SB 360 addresses infrastructure funding, tighter concurrency, water and schools.

1000 Friends played a key role in shaping this legislation, fighting successfully to maintain the rights of citizens to challenge plan amendments to the Capital Improvements Element, and successfully taking the lead against a charter county provision that would have undone existing building height, urban boundary, and other important local regulations.

SB 360 provides about $1.5 billion to be provided to local governments for infrastructure needs when certain planning standards are adopted; it also "promises" $750 million per year in recurring annual appropriations. It requires that by December 1, 2007, all Capital Improvement Elements must demonstrate through a "financial feasibility test" that adopted levels of service for required concurrency facilities can be met and maintained; thereafter an annual update by comprehensive plan amendment must be performed. If this is not done, no comprehensive plan amendments may be adopted, and sanctions may apply. A similar enforcement process is required for EAR-based amendments.

A "pay and go" provision requires developers to pay their "proportionate share" of the cost new roads and schools needed for new development, and water must be available at the time of occupation. 1000 Friends lobbied unsuccessfully to require that roads and schools also be available at the time of occupation. We remain very concerned that this provision could prove to be a major loophole, as once the proportionate share is paid, development is allowed regardless of concurrency shortfalls.

Other provisions make school concurrency mandatory, except for built-out or no-growth areas. Local governments are encouraged to adopt a vision and urban service boundary; if done, state and regional map amendment reviews are waived. It makes several technical changes to small scale amendments and Developments of Regional Impact.

Three important study commissions were created. The School Concurrency Task Force is to make its report to the legislature by December 2005. The Impact Review Task Force will make its report by February 2006. Finally, the Century Commission for a Sustainable Florida will make its first annual report on all aspects of growth management in January 2007.

We commend Senate President Tom Lee, House President Allan Bense, Governor Jeb Bush, Representative Randy Johnson, Senator Mike Bennett and the other members of the House/Senate Growth Management Conference Committee for their hard work on this significant legislation.

SB 444-Water Planning, Supply and Concurrency

SB 444 allocates funds to the five Water Management Districts for the development of alternative water supplies. It tightens requirements for Regional Water Supply Plans, including mandatory public hearings and local government coordination, a 20-year planning horizon, and requirements related to water reservations and minimum flows and levels. Local governments are required to amend their local comprehensive plans to be consistent with the regional plan within 18 months of the regional plan's adoption. It addresses concurrency, requiring water to be available for new development by issuance of the certificate of occupancy.

This legislation is the result of a two-year effort of numerous stakeholders, including 1000 Friends, to craft meaningful legislation dealing with water planning, supply and concurrency. Thanks to Senator Paula Dockery and Representative Dana Clarke for successfully sponsoring this bill.

HB 1889 - Affordable Housing Trust Fund

HB 1889 allocates $250 million for hurricane housing funding and $193 million for affordable housing-a total of $443 million-for FY 05-06. HB 1889 also capped the distributions to the Housing Trust Funds-- but not until July 1, 2007. While an earlier version placed that cap at $193 million per year, beginning July 1, 2006 with no annual increase, the final version enacted set the cap at $243 million beginning July 1, 2007, with a very small annual increase related to doc stamp collections. The final version also included technical language that would classify the $243 million as "recurring revenue"-- the amount that is in the base appropriation level each year.

Click here for a more detailed wrap up of the session.