May 2 Late Evening Update

IMMEDIATE ACTION NEEDED! - GROWTH MANAGEMENT
PLEASE CALL ON YOUR SENATOR TO STOP THIS TRAIN WRECK!

Late Wednesday afternoon, the Senate approved a series of very damaging growth management amendments to HB 7203/SB 800. On Thursday, the Senate will take its third and final vote. Two amendments are being proposed. The Webster Amendment would:

• EXEMPT Broward and Pinellas counties and their municipalities, as well as Jacksonville, Miami, and Hialeah, from required DCA PLAN AMENDMENT REVIEWS for three years.
• Allow a STATEWIDE TEN-YEAR INCREASE in the length of time for development agreements, and
• Authorize local governments THROUGHOUT THE STATE to create transportation concurrency backlog authorities to finance improvements to failing roads in exchange for EXEMPTIONS and, potentially, in locations that are removed from urban areas.

The Storms Amendment (Bar Code 834778) would be equally damaging.

In a time when the people of Florida are clearly hungering for a stronger, more effective growth management program, this is clearly a major step backward. Please call your Senator immediately, and ask him or her to TAKE A STAND and VOTE AGAINST HB 7203/SB 800 unless the Webster and Storm Amendments are stripped from the bill. It is better to address this issue now than have to call on the Governor to veto this outrageous bill.

Wetlands Protection -- 1000 Friends continues to oppose the wetlands bills, HB 957 (Williams) and SB 2082 (Mike Bennett, R-Bradenton). The House version was amended and no longer pre-empts local governments from enacting stronger wetlands programs, and the threshold was reduced from 5 to 3 acres. However, both the House and Senate versions have a special marina amendment (intended to benefit one project in Lee County; see the Tallahassee Democrat article for more information) that would be damaging to manatee. Please contact your Senator and say you oppose SB 2082.

Transportation -- A series of damaging transportation bills (including HB 985, SB 506, SB 1928, and SB 2804) continue to work their way through the process. We will provide a full update in the next day or two. 1000 Friends and others sent the attached letter to the Governor outlining our concerns. We also met with the Secretary of FDOT to discuss these concerns, but did not receive a commitment. Please also see the excellent article in the Tampa Tribune on the damaging bills. Please contact the Governor (phone 850-488-7146) about these transportation bills and ask for his help in making sure that transportation and roadway planning is not allowed to set the direction for future growth and development patterns.

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Sorted by Subject Area
2007 Proposed Growth Management Legislation
Updated May 2, 2007

Growth Management

May 2 Update -- ACTION NEEDED! Growth Management -- Late Wednesday afternoon, the Senate approved a series of very damaging growth management amendments to HB 7203/SB 800. On Thursday, the Senate will take its third and final vote to:

• EXEMPT Broward and Pinellas counties and their municipalities, as well as Jacksonville, Miami, Tallahassee, and Hialeah, from required DCA PLAN AMENDMENT REVIEWS for three years.
• Allow a STATEWIDE TEN-YEAR INCREASE in the length of time for development agreements, and
• Authorize local governments THROUGHOUT THE STATE to create transportation concurrency backlog authorities to finance improvements to failing roads in exchange for EXEMPTIONS and, potentially, in locations that are removed from urban areas.

In a time when the people of Florida are clearly hungering for a stronger, more effective growth management program, this is clearly a major step backward. Please call your Senator immediately, and ask him or her to TAKE A STAND and VOTE AGAINST HB 7203/SB 800. It is better to address this issue now than have to call on the Governor to veto this outrageous bill.

HB 645 (Hays)/SB 680 (Dockery) - Revises school dollar distributions for high growth areas that appeared in SB 360 in 2005 (this is the same bill that was vetoed by Gov. Bush in 2006).

SB 2074 (Bennett) - Dealing with transportation concurrency, this bill provides that developers may not be assessed for project impacts related to existing backlogged traffic issues.

Affordable Housing (click on "Advocacy" at the Florida Housing Coalition website for details)

April 17 Update -- HB 367 (Saunders) to eliminate the Sadowski cap (now set at $243 million anually), was presented at a half hour workshop before the Policy and Budget Council on April 13, but no vote was taken and it will not be heard further. Good testimony was provided, but many of the Council members left as the workshop began. Representative Saunders explained the bill, noting that when the Trust Fund was created there was a housing lull; he suggested this was one of the best ways to jumpstart/restart the housing market. Several supporters followed: Mark Hendrickson made a powerpoint presentation (summary of the economic paper), head of Housing Finance Agency, President of FL League of Cities, banker's lobbyist, Senator Gellers' aide (he has the Senate companion but it isn't moving either), and a representative of a health care agency. Due to the time limits, 1000 Friends and nine others waived their time in support of the bill. Saunders closed on the bill, thanked the Chair for allowing the workshop, and noted he "…is an honorable man, willing to keep this issue open for next year." This gives us time to think about next year's strategy, including maintaining the support of Governor Crist and CFO Sink.

April 17 Update -- HB 1375 (Davis), now with the similar CS/SB 780 (Garcia), continues to move forward. The Senate version is shorter, and until last week, was just a placeholding shell bill. Both contain a requirement that local governments adopt by July 1, 2008, a workforce/affordable housing plan into the local comprehensive plan; failing to do so prevents the local government from receiving state housing grants. Both have CWHIP changes. Items appearing in HB 1375 but not appearing in the Senate version are (1) traffic concurrency exemption for affordable/workforce housing near an employment center; (2) directions to local property appraisers regarding the assessment of affordable/workforce housing and community land trusts. HB 1375 now goes to the floor but no readings are scheduled yet. CS/SB 780 currently has two more committee stops, Transportation & Economic Development Appropriations and then Rules; neither are scheduled, and these stops could be withdrawn if Senate leadership decides to move the bill to the floor.

April 17 Update -- HB 259 (Attkisson) and SB 2748/Haridopolos require additional assistance for tenants forced to relocate from closing mobile home parks. HB 259 is moving, and its next stop is Economic Expansion & Infrastructure Council, and passage there means onto Policy and Budget Council. This many not matter as SB 2748 has been stuck since 3/20/07 at Senate Community Affairs; it will only move if Senators there and in Senate leadership hear about this.

April 17 Update -- SB 840 (Atwater) dealing with Community Contribution Tax Credits continues to move forward with its next stop in Community Affairs on Wednesday. Its companion, HB 129 (Precourt) was temporarily postponed on its third reading on the House floor.

HB 1151 (Fitzgerald), SB 2320 (Bennett) -- The Florida Community Land Trust Institute, a collaboration between 1000 Friends of Florida and the Florida Housing Coalition, has been working with the Legislature to address property taxes on community land trust property.

SB 2292 (Bennett) - This bill changes tax assessments for affordable housing, addresses community land trusts and addressess the CWHIP program.

Billboards

HB 1583 (Mayfield) and SB 2750 (Haridopolos) - This legislation deals with nonconforming billboards damaged by acts of nature (like hurricanes), and appear to conform Florida statutes with federal laws which is important as several million dollars each year are tied to consistency. However, at last week's House Infrastructure Committee meeting, the bill was temporarily passed (meaning postponed) with an amendment seeking to relax the very standards it was to address. Specifically, instead of using the accepted 50 percent damage standard (if a nonconforming sign is damaged this much or more, it must comply with current law including a prohibition to rebuild in some cases), a 60 percent standard is being suggested, and this is being opposed by our friends at Scenic America which has fought long and hard against the billboard industry.

Century Commission

April 17 Update-- The Century Commission has a bill moving in House and Senate that would add 3 members, which is good. An interesting provision forces all current members to be reappointed IF the Governor, Speaker or President so desires (they are "encouraged" to do so) - otherwise, it will be all new appointments.

SB 318 (Bennett)/HB 1143 (Davis) - Increases members by three (3) - one new appointment by Governor, Speaker, Senate President - issue is diversity to reflect racial, ethnic, gender (currently mostly 50-year-old white guys); Specific authority given to create/dissolve advisory committees; Given authority to accept contributions from any source promoting its mission; Places the Century Commission under the Governor's Office; Provides $500,000 in recurring funds.

Coastal Armoring

PCB ENRC 07-13 allows textile sand tubes to be placed on public beaches to the detriment of turtle nesting areas and vacant beachfront areas. This problematic bill would classify a single Alabama company's textile fabric, giant sand bag tubes as a type of dune stabilization regardless of the negative impacts to our beaches. Several conservation groups and state agencies continue to oppose this approach. The Senate companion bill, filed by Atwater, has been pulled.

Developments of Regional Impact (DRIs) - nothing of significance yet.

Florida Forever Funding

Florida Forever Funding - Both the House and Senate are calling for $300 Million continuation funding, and not the hoped for $600 Million that the Florida Forever Coaltion endorsed. Below are some key points from the Coalition:

* On March 21, both the State Senate (General Government Appropriations Committee) and House of Representatives (Environment and Natural Resources Council) unveiled their preliminary budgets for Florida Forever. Both bodies provide $300 million in Florida Forever bond authority utilization (plus $7 million in General Revenue for debt service).

* The Governor's budget provides $400 million (plus $10 million for debt service) -- a $100 million increase over the annual Florida Forever bond series.

* The Florida Forever Coalition, which has long proposed a one-year acceleration to $600 million, strongly prefers the $400 million of the Governor's budget.

* As the budget process takes off this week, the Coalition is formulating the most prudent strategy to achieve a funding increase. Amendments in both Senate and House committees are possible.

* The Governor's budget to accelerate Florida Forever to $400 million is virtually "revenue neutral."

" Because acceleration entails BOND FUNDING, not General Revenue, it would increase the land conservation impact at very little General Revenue cost and without engaging in debates about reduced General Revenue this year.

* As Senator Burt Saunders wrote in the FORT MYERS NEWS-PRESS on February 19 , when backing $600 million for Florida Forever: "It is imperative that we act now. The dip in real estate prices is temporary. If we don't take this opportunity to increase Florida Forever funding and purchase future parks and natural areas now, they will be lost Forever."

Global Warming

SB 2446 (Saunders) - This legislation creating a Florida Climate Action Partnership headed by the Governor got three committee assignments last week but has not yet been scheduled. Currently there is no House companion although Representative Trudi Williams is rumored to be preparing same. The bill addresses the need for Florida especially to confront global warming issues, and is a priority of Governor Crist and the Century Commission.

Health Issues

SB 1598 (Saunders) /no House sponsor - Gives Department of Health authority in Chapter 381 to assess local planning activities; calls on local, state, regional agencies to emphasize "smart growth" techniques as a health issue, including placement of health officials on development review, planning commission, and regional planning council boards; provides incentives (no specifics given) to create "healthy development" certification program.

Impact Fees

SB 576 (Bennett) - Broad credit language for tax payments and in-kind contributions, including credits for state and federal grants.

SB 532 (Bennett) - Provides for a local option documentary stamp tax which, if enacted, proportionately limits any impact fees levied within the jurisdiction.

Local Government

HB 791 (Gonzalez)/SB 2080 (Bennett) - Eliminates county authority over municipal land use plans.

Expect to see a bill or amendment intended to pre-empt county government authority to regulate mining activities.

SB 2028 (Bennett) - (a) allows for citizen referendum on plan amendments, and (b) requires 25% of registered voters within the jurisdiction to sign a petition for a referendum on a particular plan amendment not more than 60 days after the transmittal or adoption hearing.

HB 163 (Anderson) - Eliminates "highest and best use" consideration when property tax assessments are levied.

Rural Economic Development

SB 1664 (Lawson)/HB 633 (Coley) - Modifies Chapter 288.0656 (Rural Economic Development Initiative or REDI) by giving Governor authority to waive REDI requirements related to providing infrastructure, tech assistance, and training in order to facilitate catalyst project(s) where such projects identified by Enterprise Florida, OTTED, and recommended by REDI.

Springs

April 22 Update -- HB 299, dealing with spring and springshed protection, was seriously weakened by deleting any reference to land use and regulatory programs in favor of a "…cost effective means to provide protection, restoration, and preservation of Florida's springs …through a non-regulatory approach…" While we believe voluntary best management practices are part of the solution, we also firmly believe there is a role in springs protection as well for environmental and land use controls in addition to appropriate acquisition and easement programs. We heard from our friends at Audubon that there would be an attempt to amend SB 1486 to seriously weaken it as well. We joined them in sending out alerts to our constituents. We wanted to let you know your calls and emails made a difference! The proposed amendment failed, and the entire bill was "temporarily postponed," giving the opportunity to try to work out meaningful protection for Florida's springs. Thanks again for your hard work!

SB 2636 (Argenziano) - Springs Protection bill
a. future land use amendments within springsheds of Wakulla Springs, Ichetucknee Springs, Rainbow Springs and Volusia Blue Springs given special attention
b. such amendments must be accompanied by appropriate land development regulations protecting water quality and quantity within each spring/springshed
c. these areas will be delineated and adopted by rule by appropriate Water Management District(s)
d. local governments have one year after Water Management District rule adoption to include, as part of the Evaluation and Appraisal Report (EAR) process appropriate implementing amendments and regulations, to adopt necessary changes
e. Total Maximum Daily Loads (TMDLs) for each of the above springsheds to be adopted by DEP
f. Prohibition of certain impacting land uses within the four springsheds listed

Transportation

May 1 -- ACTION NEEDED! Transportation -- A series of damaging transportation bills (including HB 985, SB 506, SB 1928, and SB 2804) continue to work their way through the process. We will provide a full update in the next day or two. 1000 Friends and others sent the attached letter to the Governor outlining our concerns. We also met with the Secretary of FDOT to discuss these concerns, but did not receive a commitment. Please also see the excellent article in the Tampa Tribune on the damaging bills. Please contact the Governor (phone 850-488-7146) about these transportation bills ask for his help in making sure that transportation and roadway planning is not allowed to set the direction for future growth and development patterns.

Water/Rodman Dam

HB 427 (Pickens)/SB 1930 (Oelrich) - creates a public recreation area on the Ocklawaha River that depends on the continuation of the Rodman Dam, including appropriations for the maintenance of water control structures. This puts more impediments to the removal of the dam and restoration of the river. April 17 Update -- HB 427 (Pickens) is now before the House Environment & Natural Resources Council. We have consistently argued against efforts to delay restoration of the Ocklawaha River, and this represents yet another attempt. Governor Crist has already advocated for the restoration of this river.

Wetlands Protection

May 1 -- ACTION NEEDED! Wetlands Protection -- 1000 Friends continues to oppose the wetlands bills, HB 957 (Williams) and SB 2082 (Mike Bennett, R-Bradenton). The House version was amended and no longer pre-empts local governments from enacting stronger wetlands programs, and the threshold was reduced from 5 to 3 acres. However, both the House and Senate versions have a special marina amendment (intended to benefit one project in Lee County; see the Tallahassee Democrat article for more information) that would be damaging to manatee. Please contact your Senator and say you oppose SB 2082.