|
|
|
||||
|
|||||
|
|||||
|
Summary of the 2001 Legislative Session Growth
Management Wrap-Up The 2001 Legislative Session is over, and growth management as we know it remains basically the same. Considering the changes that could have been made, this outcome is not so bad. At the outset, it appeared that managing this state's growth was going to be a central issue for the Legislature. The governor had called growth management one of his key priorities and backed related legislation. The Governor's Growth Management Study Commission had placed 89 recommendations for change on the table. Several bills affecting land use appeared early on, and two bills on growth management surfaced four weeks into the session. There was much discussion about the need for better integration of growth and water resource management. But by the end of the session, most of the legislation related to growth management had once again failed. Unfortunately, a few harmful provisions did pass. Setting an alarming precedent, Preservation 2000 funds were reallocated, reducing by $75 million the amount set aside to acquire environmentally sensitive lands. Additionally, Development of Regional Impact (DRI) thresholds in rural areas were relaxed, allowing larger developments to escape review, and airports and petroleum storage facilities were removed from DRI review. Ensuring that growth management will remain a key topic over the coming year, Governor Bush is now directing the Department of Community Affairs to expand its rules to allow the state to deny local comprehensive plan amendments that would contribute to school overcrowding, and the legislature allocated $500,000 to develop a model to assess the costs of new development. 1000 Friends is committed to being a pro-active player in this on-going dialog. Over the course of the 2001 session, 1000 Friends worked in close cooperation with the members of the Growth Management Coalition. We would especially like to credit the Florida Chapters of the American Planning Association, League of Women Voters, Sierra Club, Florida Consumers Action Network, Defenders of Wildlife, and the Environmental and Land Use Law Center for their hard work and positive results. We extend our sincere thanks also to those of you who contacted legislators in response to our e-mail alerts and web site updates. Your calls made a difference! Some Notes on Key Legislation of the 2001 Session Growth Management. Early in the session, 1000 Friends backed Governor Bush's legislation to establish a system for calculating the costs of new development before its approval, and to link planning for schools with local comprehensive plans. We felt this was consistent with our longstanding position that the best way to improve Florida's growth management process was to select a few key areas for refinement and leave the balance intact. Thanks to Senator Lee Constantine, SB 310 remained relatively unchanged throughout the session. Its companion bill, HB 1617, on the other hand, was loaded down with numerous bad amendments that would have seriously undermined Florida's growth management process. With the homebuilders lobbying hard against the school planning provisions, the governor's growth management proposals had an uphill battle. Ultimately, while the Senate did pass SB 310, the House never took the bill up, effectively killing the legislation. We understood the major point of contention was the discretion given to local school boards to adopt a half-penny sales tax by a super-majority vote with no public referendum required. However, the Legislature did allocate $500,000 to develop a "full cost accounting" model to determine how much new development would cost a community. Also, as noted, Governor Bush has now directed the Department of Community Affairs to expand its rules to allow the state to deny local comprehensive plan amendments that would contribute to school overcrowding. Livable Communities. The Livable Communities Certification program bill (SB 432) would have had substantial impact on the way Florida communities manage their growth. Essentially, this bill would have opened up the Sustainable Communities demonstration project to any qualifying local government that agreed to adopt and implement sustainable planning principles, including an urban growth boundary. In return, state oversight of plan amendments and Developments of Regional Impacts would be removed While the concept had some merits, the bill was vaguely worded and lacked any measurable standards. Ultimately, this bill never made it to the Senate floor and failed. Throughout the session,1000 Friends and its Growth Management Coalition allies were steadfast in opposing this attempt to reduce state oversight of local planning in return for a vague requirement that communities follow "best planning practices." Citizen Rights. SB 910 would have limited the ability of citizens to challenge state agency decisions on the environment and imposed new threats of sizeable attorney fees. 1000 Friends played a key role in its defeat; it ultimately failed when the House did not take it up. Other groups opposing this harmful bill included the Florida Wildlife Federation, Florida Audubon Society, Save the Manatee Club, and the Sierra Club. Changes to the Development of Regional Impact Process. While the detrimental growth management bills did not pass, some damaging provisions were tacked onto other bills. Under the guise of economic development, SB 460/HB 1225 increased by 150 percent the threshold for DRI review in all counties designated as rural areas of critical economic concern under 288.0656 F.S. This means that if a designated rural county previously allowed building 250 houses without DRI review, it may now build 625 houses without that review. In 1999, Governor Bush designated the panhandle counties of Gadsden, Gulf, Franklin, Calhoun, Liberty, Holmes, Washington, and Jackson under this program. In January of 2001, the six southwest Florida counties of DeSoto, Glades, Hardy, Hendry, Highlands, and Okeechobee received this designation. Behind this legislation to increase DRI thresholds was the St. Joe Company, which owns a million acres of land in Florida, including close to 40 miles of coastline. In a related move, the Senate Transportation bill (SB 2056) exempted airports and petroleum storage facilities from DRI review. That bill includes language that strips local government of the ability to require billboard owners to remove their signs within a prescribed period of time. Exemptions are granted to certain communities that had pre-existing billboard agreements. Raid on Preservation 2000 Funds. Perhaps the most damaging action of the session was the $75 million raid on P2000 funds and the precedent it sets for future damage. 1000 Friends joined the Environmental Coalition in opposing this action. An attempt to insert an amendment calling on the Legislature to replace these funds as quickly as possible failed. Affordable Housing. 1000 Friends played a key role in developing and securing passage of an amendment to SB 1132 that clarifies local government's ability to adopt inclusionary housing ordinances, a land use tool that can require new development to include a set percent of affordable housing. As a result, any entity of local government may adopt and maintain any law, ordinance, rule, or other measure for the purpose of increasing the supply of affordable housing using land use mechanisms such as inclusionary housing ordinances. 1000 Friends also supported successful legislation (SB 446) to assist with providing housing for the homeless. Additionally, under the Sadowski Act, over $185 million of dedicated revenue will be available for affordable housing over the coming fiscal year. Farmland Protection. The Rural and Family Lands Protection Act passed as part of SB 1922, the main agriculture bill. Each year 130,000 acres of Florida farmland are converted to other uses, and effective July of next year, this act enables the state to purchase conservation easements in perpetuity and enter into 30-year agreements with farmers to ensure that land remains in agricultural use. 1000 Friends is concerned, however, about the decision to strip the funding ($100 million a year for 10 years) out of this bill that is needed to pay for the program. Could this year's raid on P2000 funds be seen as a dress rehearsal for next year? Also included in this bill is the Rural Land Stewardship Area pilot project. Generally following the lead of the optional sector planning concept, it allows up to five communities to designate large, rural areas by plan amendment for future community development. A transfer of density credits is available if specified sustainable development practices are followed, including putting property under agricultural and conservation easements. Other Bills. The Rodman Dam bill, SB 1246, which would have begun the process to remove the controversial dam and restore the Oklawaha River, failed. However, the appropriations bill included $1.6 million to build a park, boat ramp/parking lot and fish hatchery facility. This could strengthen the argument not to remove the dam in future years. The Florida Defenders of the Environment is calling on the Governor to veto this provision. The Muck bill, meant to allow riparian property owners to dredge lake shorelines to remove muck and wetlands, passed the House but died in the Senate. And thanks to much public opposition, the Aquifer Storage and Recovery (ASR) bill was withdrawn. **** Thank you for your help. Your calls made a difference--helping to halt some of the most damaging growth management provisions being considered this session. To find out House and Senate bill texts, check out the Legislature's web site, at left. |