|
|
|
||||
|
|||||
|
|||||
|
Growth Management and the 2002 Legislature While growth management did not first appear to be a pivotal issue in Florida's 2002 legislative session, several bills emerged that will affect the way this state deals with the ramifications of its increasing population. Some of these bills were fairly benign, but others will have far-reaching impacts on the future of Florida. "Some
dangerous precedents were set this session. We had a few victories, accompanied
by some setbacks," said 1000 Friends' Executive Director, Charles
Pattison. "We hope that this is not a harbinger of how business will
be conducted during the 2003 session." For the second year in a row, the Legislature raided Preservation 2000 funds intended for land conservation. Last year, when they took $75 million, legislators vowed to reimburse the fund this year. Instead, this year $100 million was taken from the Florida Forever debt reserve, but thanks to a last minute budget veto by Governor Bush, these funds were saved.. When this program was established in 1989 as Preservation 2000, voters were promised that the revenue from this bonding program would only be used to protect environmentally sensitive lands. To date, this highly popular $3 billion program has saved more than 1 million acres of land. Everglades Restoration Funding to restore the Everglades was authorized this session, but with a higher price tag than many had anticipated. House Bill 813, signed into law by Governor Bush, allows the bonding of $100 million a year for the next eight years to pay for Everglades restoration costs, including associated land acquisition. While 1000 Friends fully supports using bonds to defray the cost of restoration, the source of the debt service proved to be one of the session's most contentious issues. Early in the session, the Governor's Office proposed using State Housing Trust Fund dollars to cover a portion of the cost of Everglades retoration. 1000 Friends and other members of the Sadowski Act Coalition successfully headed off this proposal. If not, this affordable housing fund, which receives only 4.8 percent of documentary tax reserves, would have been shouldering more than 18 percent of the Everglades restoration cost. That success was tainted, however, when a last-minute amendment to House Bill 813 succeeded in reducing the ability of private citizens and nonprofits to legally challenge proposed developments. (See "Citizen Standing" below for further discussion of this setback.) Citizen Standing 1000 Friends has played a leading role in efforts to maintain the rights of citizens to challenge development decisions. As noted, in a significant setback, provisions tacked on to the Everglades Restoration bill will limit the ability of citizens to protect air, water, and natural resources under Florida's Environmental Protection Act of 1971. Now only "affected citizens" and environmental groups registered in Florida with more than 25 members in the county in question may challenge proposed developments under that act. Throughout the session, 1000 Friends fought hard against these provisions. In an effort to divide the environmental community, in the final hours of the regular session, Senator Jim King of Jacksonville added this language to the Everglades Restoration bill. While some environmental groups called for pulling funding for the Everglades, with very mixed feelings 1000 Friends continued to support House Bill 813. We believe that funding for the Everglades restoration is essential, and pledge to monitor the ramifications of these limitations on citizen standing. Fending off yet another challenge to the rights of citizens,1000 Friends played an instrumental role in holding off harmful legislation regarding the Administrative Procedures Act. House Bill 257 and Senate Bill 280, which would have overly complicated litigation and imposed attorneys' fees on citizens engaged in administrative proceedings, were withdrawn in the final weeks of the session. Unfortunately, this legislation might resurface again in 2003. Transportation Several transportation bills passed that impact the ability of communities to manage growth. House Bill 261, signed into law by Governor Bush, allows turnpike projects to disregard the financial feasibility of projects, and specifically allows funds to be drawn from "profitable" toll roads to pay for them. Another provision allows bids for turnpike projects to be advertised before environmental permits are obtained. The turnpike authority also will be able to build hotels, meeting rooms and other "business service opportunities." In an unrelated provision, this bill also exempts all airports from the Development of Regional Impact process. Pattison noted 1000 Friends' deep concerns that this bill, if not properly implemented, will promote state-induced sprawl in rural parts of Florida. We have agreed to work with the Turnpike Authority to conduct outreach meetings to discuss these issues. This bill also allows the Orlando-Orange County Expressway Authority (OOCEA) to get a waiver to build roads without oversight from the Division of Bond Finance. The OOCEA can now override existing requirements to obtain prior approvals from city and county governments through which projects must pass. In order to protect the Wekiva River Protection Area, and parts of the Green Swamp Area of Critical State Concern, the Lake County Commission last year rescinded a prior agreement that would have allowed this. House Bill 715, also signed into law by the Governor, allows Florida Interstate Highway System improvements to be counted for concurrency purposes if placed within the five year work plan. This bill also allows the Florida Department of Transportation to delegate permit authority, allows local governments to increase sign heights, and requires cities to pay sign owners to take down billboards. Affordable Housing In spite of several attempts to raid the Housing Trust Fund, the House and Senate finally agreed to fully fund affordable housing. The budget includes over $249 million for housing, including a record $163.5 million for SHIP, and $75.5 million for Florida housing programs including SAIL. 1000 Friends played a key role in holding off efforts to raid the Housing Trust Fund to help pay for Everglades restoration, and to cap Sadowski Act Trust Fund allocations to affordable housing based on the Consumer Price Index. Growth Management Local governments must now also consider available classroom space and water supplies before approving new development, thanks to Senate Bill 1906, the only direct growth management bill to pass this session. The bill streamlines development orders and provides for an optional special master process to resolve disputes. It also waives certain concurrency requirements for urban infill and redevelopment areas, creates a Local Government Comprehensive Planning Certification Program to succeed the Sustainable Communities Demonstration Program, and makes other minor adjustments to growth management. 1000 Friends, Florida Home Builders Association, Florida League of Cities, Florida Association of Counties and the Florida Chapter of the American Planning Association refined and agreed to support this piece of legislation from last year. "SB 1906 is an example of what can occur when a consensus-based process is used to refine growth management legislation," said Pattison. "While more modest than many of us would have hoped, the process to draft this bill reestablishes the concept of participation by affected parties." Things to Come Attacks on dedicated trust funds for affordable housing and the environment, damaging last-minute amendments to otherwise popular bills, a weakening of the rights of citizens, and incentives to promote urban sprawl are just a few of the legacies of the 2002 session. Said Pattison, "With support from our members, concerned citizens across the state, and our growth management and environmental partners, we must make sure that more responsible action is taken during the 2003 session to proactively address the many growth-related issues we all face."
|