2010 Legislative Update
March 3, 2010

1000 Friends is monitoring a series of proposals for the 2010 legislative session. We are paying particular attention to efforts to reauthorize the Florida Department of Community Affairs. Unsurprisingly, we expect budget issues to be hot topics as well, including funding for DCA, Florida Forever, and affordable housing. At present, Legislative leaders are vowing they will pass no major growth management legislation this session. This appears to be in large part due to concerns about the November 2010 elections, during which many legislators will be up for re-election and Florida Hometown Democracy will be on the ballot.

Here are some of the issues 1000 Friends is closely following as the 2010 session starts. We will send updates as the session progresses:

DCA Sunset Review—The Florida Department of Community Affairs is going through the Sunset Review process that each state agency undergoes every ten years. This year the legislature has the option of continuing DCA, or abolishing it and repealing, revising or reassigning its functions. At present, the sentiment in the legislature appears to be to take no action this year, postponing a decision until 2011. 1000 Friends and others support efforts to have the DCA affirmatively reauthorized this session.

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.

Florida Forever—Governor Charlie Crist has included in his budget a $4.8 million dollar appropriation for Florida Forever. This will lead to $50 million in bonds to allow the acquisition of sensitive natural lands through the Florida Forever program. 1000 Friends applauds Gov. Crist for his leadership on this issue. 1000 Friends and its partner Florida Forever Coalition members support this budget item. Visit the Florida Forever 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.

SB 568 (Constantine) Relating to 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.

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 District board members and others.

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.

Jobs Bill (no bill number)—The Gates Committee’s Jobs Bill has a few provisions that relate to comprehensive planning. Section 30 of the Draft Committee Bill by the Select Committee on Florida’s Economy includes a provision to extend development permits for an additional two years as an economic stimulus measure. 1000 Friends and others do not oppose this provision. However, more controversial is a provision in Section 30 related to last year’s SB 360, which is facing a legal challenge. This provision would allow DRI’s and plan amendments applied for under the provisions of SB 360 to remain in effect, regardless of the outcome of the legal challenge.

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.

SB 1742 (Bennett) Relating to Growth Management—This specifies that SB 360 automatically removes transportation concurrency requirements. This runs counter to DCA’s interpretation of SB 360 that the local government decides whether or not to remove the concurrency requirements.