Thursday, April 29
1:30 p.m. Update
Please Call Your Representative to Oppose Amendment to Strip DCA Reauthorization From HB 7099
Things are moving very rapidly as the 2010 legislative session comes to a close. An amendment to HB 7099 would reauthorize DCA, however another amendment has just been offered to strip DCA reauthorization from the bill. Please call your Representative and ask him/her to oppose amendment #980539 to HB 7099, and tell them that you support reauthorization of DCA this session.
Please Call Your Senator to Oppose Amendments to SB 1126
As we approach the final hours of the 2010 legislative session, your calls are needed on several important issues:
Please contact your Senator and ask him/her to oppose Senator Bennett's developer-friendly amendments #693660 and #578056 to Senator Altman's permitting bill, SB 1126. The two damaging amendments would allow development orders to be shielded from ANY changes in local planning or development regulations after the regulations are filed. This is yet another development give away. Currently, local governments are able to apply "new" policies and regulations. 1000 Friends, DCA and several local governments are on record opposing these amendments.
As updates: There is a budget item that sweeps $174 million from the Sadowski Fund as a budget balancing measure. We will provide more information as it becomes available.
The budget does include $14 million for Florida Forever and another $10 million for Everglades restoration. If Congress provides the maximum in discretionary Medicaid dollars to Florida, that would allow as much as another $40 million for Florida Forever.
The budget is set to be voted on tomorrow, and then will be sent onto the Governor who has the ability to veto all and/or individual line items within the budget.
We appreciate your support and calls throughout the session.
More on the Department of Community Affairs:
April 26 letter from leading conservation groups to Speaker Larry Cretul urging reauthorization of DCA.
Letter from the American Planning Association, Florida Chapter urging reauthorization of DCA.
Article by Ernie Padgett urging reauthorization of DCA.
Here’s what some of the state’s major papers are saying about the threats to DCA and growth management:
Tampa Tribune, Playing games with DCA: http://www2.tbo.com/content/2010/apr/23/na-playing-games-with-dca/
Miami Herald, Another dirty trick: http://www.miamiherald.com/2010/04/23/1593785/another-dirty-trick.html
Palm Beach Post, Old habits, bad habits: In Tallahassee, a late push to gut growth controls: http://www.palmbeachpost.com/opinion/editorials/old-habits-bad-habits-in-tallahassee-a-late-603079.html?cxtype=rss_editorials
Gainesville Sun, Saving the DCA: http://www.gainesville.com/article/20100423/OPINION01/4231010/1017
Ocala Star-Banner, Cretul and the case for DCA: http://www.ocala.com/article/20100422/OPINION/100429906
Lakeland Ledger, Florida growth management: Deliver DCA from limbo: http://www.theledger.com/article/20100423/EDIT01/4235002
St. Petersburg Times op ed by 1000 Friends President Charles Pattison, DCA needed more than ever to ensure sensible growth, http://www.tampabay.com/opinion/columns/article1084754.ece
Florida Keys News, DCA in legislative limbo:
http://keysnews.com/node/22584
Orlando Sentinel, Blasting the environment: legislators need to protect, not assault, what makes Florida special:
http://www.orlandosentinel.com/news/opinion/os-ed-environment-042010-20100419,0,2516663.story
Legislation Being Tracked by 1000 Friends
April 22 Update: Your Calls are Needed to Halt SB 1742
Last week SB 1742 stalled in the Senate Transportation Committee and we announced that it had died. Unfortunately, it was withdrawn from Transportation yesterday and sent to the Senate Ways and Means Committee. Although SB 1742 has not yet been scheduled, it could be taken up at any time and then move on for a full vote of the Senate. 1000 Friends opposes this very damaging bill, and it also is not supported by the Department of Community Affairs.
Please call the members of the Senate Ways and Means Committee and ask them to vote NO on this damaging bill. Let them know:
• It is a special interest bill that favors development interests over local government planning controls.
• It will lead to sprawl and more traffic congestion with no assurance that transit will be provided.
• It circumvents transportation concurrency.
For those of you interested in more detailed information, here are some of the specific concerns about SB 1742:
• It defines "transit oriented development" to include areas that do not have transit available.
• It only provides for minimal state oversight through an "alternative state review" process when concurrency exception areas are established.
• It requires local governments to approve transit oriented developments of 100 to 500 acres through the creation of a "transportation concurrency backlog area," effectively waiving transportation concurrency.
• It allows this designation to satisfy ALL proportionate share requirements to offset impacts through tax increment financing not covered by impact fees.
• It allows transit oriented development to be exempt from transportation impact assessments if it is included within a mobility planning area. Thank you for your calls on this important issue!
SB1752/Gaetz – Jobs Bill —The high priority “Jobs Bill” has moved quickly through the Legislature and was approved by the Senate. APRIL 7 UPDATE: Thanks to your calls, a series of damaging environmental permitting provisions were removed from this bill. We continue to monitor to ensure that the damaging provisions are not attached to other legislation.
SB274 is a positive growth management bill providing for additional coordination with military officials to ensure that compatible land uses are encouraged along military base perimeters – it passed Senate Community Affairs Committee unanimously this week. Two more committee stops are listed but those meetings have not yet been scheduled. 1000 Friends of Florida supports this bill.
HB1445/Nelson - Among other things this bill limits the authority of local governments to adopt more stringent fertilizer standards than the state.
SB 568 (Constantine) The Florida Springs Protection Act—At present, this is a “shell bill” meaning no language is attached to it. 1000 Friends anticipates that language comparable to last year’s unsuccessful springs legislation will be inserted, and will support such legislation. April 23 Update--1000 Friends continues to track this legislation.
HB 665 (Aubuchon) Relating to Affordable Housing –1000 Friends and other housing advocates strongly support this bill as drafted. In brief, it: (1) repeals the cap on Sadowski Affordable Housing Trust Funds, and (2) limits use of funds through July 1, 2011, so that NO new construction occurs (this is meant to focus on helping people buy down the backlog of existing vacant units). Visit the Florida Housing Coalition's website for more information.
Citizen Bill of Rights—1000 Friends is calling for adoption of a Citizen Bill of Rights. This would include requirements for a supermajority vote of the elected body for all plan amendment changes; a mandatory citizen participation plan and workshops conducted by any developer seeking a land use change; a “cooling off” period preventing last minute changes to plans before public meetings to allow the public, staff and elected officials time for informed deliberation; preservation of citizen standing status throughout any appeal process; and citizen protection from SLAPP suits associated with any participation in the comprehensive planning process. 1000 Friends has drafted bill language and is seeking sponsors.
Senate Joint Resolution 1180 (Negron)—This proposed constitutional ballot initiative creates a new Section 28 of Article 10 of the Constitution, requiring the election of members to governing boards that have the ability to adopt millage rates. 1000 Friends is concerned about this provision because it would mean that special interests could help fund election campaigns for Water Management board members and others. March 8 Update--We understand this bill has been withdrawn.
Alternative Review (no bill number)—A proposal is circulating for a landowner-driven bill to establish an alternative review process for development projects on parcels of 100,000 acres or more that are located in more than one county. Conceptually, the Department of Community Affairs would initiate a Sector Planning Process for such parcels, in which DCA would review and approve the conceptual plan, subsequently review and approve detailed Special Area Plans, and review and approve local government land development regulations for consistency. Problematic provisions include the vesting of water rights, generous density bonuses, and unclear infrastructure requirements. Both DCA and 1000 Friends have expressed concerns about this proposal as drafted.
HB 733 (Sands) Relating to Required Ads and Public Meetings—This bill requires additional neighborhood public meetings as called for by 1000 Friends in its Citizen Bill of Rights. As drafted, the bill calls for public hearings on development orders as well as plan amendments.
SB 2078 (Bennett) Relating to Platted Lots/Pilot Program—This establishes a pilot program to give credits for consolidating antiquated lots or transferring their development rights. While 1000 Friends agrees with the concept, some of the specific provisions are problematic.
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Background on SB 1742 -- SB 1742 by Sen. Mike Bennett is an attempt to address several issues that occurred following the passage of last year’s growth management bill, SB 360.
Specifically, subsequent to SB 360 becoming law, a legal challenge was filed by several local governments arguing the bill was an unfunded mandate and that it violated the single subject requirement for legislation. Second, the Department of Community Affairs issued a notice to local governments regarding its interpretation of the bill and how it would review future comprehensive plan amendMoments. In brief, DCA’s interpretation of the legislation ran counter to the Legislature’s as it relates to exempting certain areas from transportation concurrency.
The original language of SB 1742 had the effect of nullifying DCA’s interpretation by specifically prohibiting certain local governments from applying their transportation concurrency ordinances to new development. However, on Thursday, Senator Bennett introduced a strike-all amendment that eliminated those sections relating to concurrency but added new issues.
For counties, there are two primary areas of concern. First, the bill makes it mandatory for counties to create Transportation Concurrency Backlog Authorities under certain conditions when a developer requests one be created. Once the backlog area is designated, transportation deficiencies are funded by using tax increment financing from the properties located in the area. The second issue of concern in the strike-all relates to the application of credits for phased projects funded with proportionate share payments. As drafted, a county would have to inflate the value of a developer’s previous prop share payment when applying a credit to a future phase of transportation improvement.
