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Updated July 12, 2006

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2006 Legislative Wrap Up

Positive Outcomes:

1000 Friends played a key role in passage of the Environmental Resource Permitting legislation (HB 7163), which extends this wetland and stormwater permitting program to the Panhandle. While the less favorable House version of the bill ultimately passed, potentially damaging provisions were removed that would have prevented local governments across Florida from adopting more stringent wetland protection provisions than allowed under the ERP program.

The legislature approved the $310 million necessary for the acquisition of 74,000 acres of Babcock Ranch (HB 1347). Fortunately, last minute efforts failed which would have allowed cypress harvesting on these conservation lands. This is the largest conservation land acquisition in Florida history.

Disaster was avoided with the Florida Keys Area of Critical State Concern legislation (HB 1299). The initial version called for removal of the designation as of October 1, 2007 unless the Governor and Cabinet found that substantial progress had not been achieved in meeting the required work program. However, 1000 Friends and others supported two important amendments which require two more years of state oversight before dedesignation, and which make the process to legally challenge the dedesignation more favorable to citizens and conservation groups.

1000 Friends also played a leading role in defeating the controversial Charter Amendment legislation (HB 949, SB 1608). This would have undermined the ability of municipalities in charter counties to enact land use provisions to promote better growth management or environmental protection.

While 1000 Friends initially supported several "housekeeping" Glitch Bills, in the end we were pleased that this legislation failed. Damaging language was included that would weaken water and school concurrency provisions and weaken the ability of citizens to participate in the growth management process.

Positive and Negative Outcomes:

Affordable Housing ended up in both the positive and the negative categories. On the positive side, HB 1363, the omnibus housing bill sponsored by Representative Davis contains numerous housing initiatives, including a pilot program for "essential services personnel," such as police and teachers, as well as important statutory changes to ensure the development of apartments for the working poor. On the negative side, the House and Senate agreed to allocate $433 million from the state and local housing trust funds, leaving a balance of $507 million unappropriated. 1000 Friends of Florida and the rest of the Sadowski Act Coalition had expected the housing trust funds to be fully appropriated for housing in this time of housing crisis and available funding.

Negative Outcomes:

Despite the efforts of 1000 Friends and others, the controversial Agricultural Enclave (HB 1015) bill passed. This legislation supercedes the urban sprawl provisions of Rule 9J-5, preempts local government decision-making authority, could result in the premature conversion of agricultural lands for speculative development, and promotes urban sprawl. Despite compromise language that decreases the size of parcels that can be converted from agricultural to urban uses, 1000 Friends remains concerned that this bill represents yet another instance of waiving Florida's growth management legislation on a piecemeal basis. Despite calls by 1000 Friends to veto the bill, Gov. Bush signed it into law.

1000 Friends remains extremely concerned about damaging provisions in legislation related to Hazard Mitigation for Coastal Redevelopment (HB 1359). The scope of this bill was expanded to modify requirements that limit density increases in coastal areas. Instead, local governments may approve increased densities if the development can meet either a hurricane evacuation time of 12 to 16 hours, or undefined mitigation standards for sheltering and transportation. This legislation may prove to make coastal development easier in the relatively undeveloped Panhandle, but more challenging in other parts of the state. 1000 Friends called on Gov. Bush to veto this legislation, but he signed it into law on June 1, the first day of the 2006 Hurricane Season. Click here for more information.

Other Legislation:

Thanks to the leadership of Representative Traviesa (R-Brandon) and Senator Bennett (R-Bradenton), 1000 Friends of Florida and other stakeholders were allowed to provide substantial input into legislation related to Developments of Regional Impact (HB 683). It was a give and take process. 1000 Friends was successful in inserting language requiring the inclusion of workforce housing in DRIs, and with others succeeded in removing provisions that would have exempted major attractions from the DRI process and promoted "new towns" in rural areas. Unfortunately, marinas were eliminated from the DRI process, replaced by a provision that the local comprehensive plan should include policies related to siting of marinas. The final bill also requires that Florida's Office of Program Policy Analysis and Government Accountability (OPAGGA) assess the impacts of this change, and provides for an alternative permitting process for dry storage for marinas.

The Interlocal Services Boundary Agreement Act (SB 1194) passed, which provides a process for cities and counties to address service delivery arrangements and annexations. 1000 Friends had worked with the sponsors to remove some problematic provisions. The bill was amended to include the Florida Impact Fee Act, which includes the consensus recommendations of the Impact Fee Commission. It includes procedures and minimum standards on enacting impact fees.

A watered-down version of legislation related to the siting of Power Substations (SB 980) passed. Originally, it would have allowed power substations to be situated in any land use. With others, we succeeded in gaining an exemption for conservation and preservation lands. The bill defines default setback and other standards that automatically apply if the local government has not adopted substation siting standards. The bill requires electric utilities to consult with local government on site selection before they submit a substation application.

Legislation related to Water and Sewer Concurrency (HB 749) was watered down, thanks to the work of 1000 Friends and others. Originally, this bill would have eliminated the requirement that new development hook up to existing water and sewer services. As passed, it requires the local government to conduct a series of studies to evaluate the use of septic tanks prior to extending water and sewer.