TRANSPORTATION PLAN FINISHED
Florida DOT has finalized the Florida
Transportation Plan (FTP), identifying goals and
strategies guide decisions and investments over the next
50 years. See: final 2060 FTP:
www.2060ftp.org. (Jan 2011)

SB 360 declared unconstitutional and ordered
expunged from Florida law
(Rebecca O'Hara
Florida League of Cities, Inc.9-26-2010)

"Today, a Leon County circuit court declared
unconstitutional Ch. 2009-096, Laws of Florida, otherwise
known as SB 360.  SB 360 was passed in 2009 and
imposed sweeping changes for 246 cities and counties
defined in the bill as “Dense Urban Land Areas”.  In
short, the bill designated such areas as automatically
exempt from transportation concurrency requirements.  
The bill imposed certain obligations upon such cities
and counties.

After the bill became law a coalition of cities and
counties filed suit to have SB 360 declared
unconstitutional for two reasons: 1) that the bill violated
the “single subject” requirement; and 2) that it violated
Article VII, Section 18(a), the unfunded mandates
provision.  The local governments alleged that SB 360
required them to “spend funds or take an action
requiring the expenditure of funds” in violation of Article
VII, Section 18(a).

The court found the local governments’ single subject
claim was rendered moot by operation of the
subsequent 2010 legislative session.  The court rejected
all of the local governments arguments on the
mandates count (finding they were inappropriate for
disposition on a summary judgment motion because
they involved disputed issues of fact) except for one.

The court found the provision in SB 360 which mandates
local governments to adopt comprehensive plan
amendments and strategies to “support and fund
mobility” could require “minimum mandated
expenditures statewide by 246 local governments”
ranging from “$10,150,944 to $25,625,820.”  The court
found these amounts to be in excess of the Legislature’s
standard for determining whether a mandate is “fiscally
insignificant” for purposes of Article VII, Section 18(a).  
The court concluded the Legislature did not meet any
other requirements or exemptions set forth in Article VII,
Section 18(a).

SB 360 was declared unconstitutional in its entirety."


Okeechobee County hoping grant will lead to new
destination resort  By James Kirley
(8-17-10 Eco-Voice Digest)
http://www.tcpalm.
com/news/2010/aug/12/okeechobee-county-hoping-
grant-will-lead-to-new/ "Okeechobee County — Local
leaders have taken what is being described as a first
step in building a destination resort
and retail center in the county that economic
development officials say could eventually create
about 2,000 jobs."

PORT MANATEE SELECTED FOR MARINE HIGHWAY
INITIATIVE  (8-16-10 BIZ941 Daily)
"Port Manatee (
www.portmanatee.com) is now eligible
to compete for federal funding through the Marine
Highway program. The U.S. DOT has designated an
existing, 926-mile, container-on-barge route between
Port Manatee and the Port of Brownville, Texas, as one of
eight marine highway projects selected to compete for
DOT maritime grants."


State Finalizing U.S. Sugar Purchase (8-16-10 Eco-Voice
Digest)
"26,800 Acres To Be Acquired For $197 Million - $7351
Per Acre"
http://sites.google.com/site/donbrowne/news
"CLEWISTON, FL. -- The South Florida Water Management
District (SFWMD) Governing Board today approved
unanimously with one abstention a revised strategy to
acquire land from the United States Sugar Corporation
for Everglades restoration. The amended agreement
provides for the initial purchase of approximately 26,800
acres of strategically located land south of Lake
Okeechobee, with options to purchase another 153,000
acres should economic conditions allow in the future."


Southwest Florida Feasibility Study (from Eco Voice
Digest 8-10-10)
http://news.caloosahatchee.
org/docs/Feasibility_Study_100809_2.htm  http://www.
evergladesplan.org/pm/studies/swfl.aspx
"The Comprehensive Review Study for the Central &
Southern Florida (C&SF) Project, known as the Restudy,
has important implications for southwest Florida. Among
its recommendations to Congress in July 1999, the
Restudy recommended a Feasibility Study to identify
southwest Florida water resources conditions and to
develop potential solutions to any problems that may
be identified.The Southwest Florida Study is being
conducted by the U.S. Army Corps of Engineers and the
South Florida Water Management District. The study area
includes all of Lee County, most of Collier and Hendry
Counties, and portions of Charlotte, Glades, and Monroe
Counties. "

Links to Everglades Conferences by Bob Mooney
from Eco Voice Digest 7-19-10
"These are just some of the Everglades restoration
conferences and meetings that occurred during the last
decade. There's no comprehensive calendar or
clearinghouse of all the activities. These are fact sheets
for USGS projects that I (Bob) complied; later ones have
not been compiled. Projects by others were never
documented in a consistent manner -- scattered
throughout many sources.
http://131.247.143.93
/publications/ofr/03-54/fsflyers.html    I trudged after a
lot of past and present information because I thought
there should be a clearinghouse, but that's not
something anyone else cared about...and still don't.
Even all the Everglades restoration projects and activities
are not compiled.
Bob"

http://conference.ifas.ufl.edu/geer2008/
http://conference.ifas.ufl.edu/geer2008/vids.htm
http://sofia.usgs.gov/memorials/geer2008.html
http://sofia.usgs.gov/geer/2008/
http://conference.ifas.ufl.edu/NCER2007/
http://conference.ifas.ufl.edu/GEER2006/
http://sofia.usgs.gov/geer/2006/
http://sofia.usgs.gov/ncer/
http://sofia.usgs.gov/workshops/lox-nwr-scimtg/index.
html
http://sofia.usgs.gov/geer/2003/
http://sofia.usgs.gov/workshops/geer-nova02/
http://conference.ifas.ufl.edu/everglades/
http://sofia.usgs.gov/workshops/waterquality/
http://sofia.usgs.gov/sfrsf/   "

BRADENTON INVITES PARTICIPATION IN RIVERFRONT
SURVEY (Biz941Daily)
"The Bradenton Downtown Development Authority and
Realize Bradenton are seeking ideas on improving
Bradenton’s riverfront from Mattison’s east to Tarpon
Point. To participate, visit
http://surveymonkey.
com/s/realizebradenton. The results will be made
public by the end of July."

Onetime landfill site for 'glades restoration (6-22-10)
sun-
sentinel.com/topic/fl-water-everglades-palm-
20100613,0,4492186.story
By Andy Reid, Sun Sentinel

"Land west of Boca Raton once pegged for yet another
South Florida dumping ground is now on its way to
becoming a reservoir that helps boost Everglades water
supplies. More than 20 years ago, residents who didn't
want a landfill near their neighborhoods convinced
Palm Beach County to find a new spot to bury their trash.
Then the South Florida Water Management District
acquired the land next to the Loxahatchee National
Wildlife Refuge — the northern reaches of the Everglades
— with plans to use it for water storage and treatment.
Financial delays put the 1,800-acre restoration project
on the shelf, until President Barack Obama's economic
stimulus program last year started pumping overdue
federal money into Everglades projects."


FP&L Mirrors focus sun to heat water for electricity
sun-sentinel.com/business/fl-fpl-solar-plant-0521-
20100521,0,1065752.story
"Mirrors focus sun to heat water for electricity by By Kevin
Spear, Orlando Sentinel May 21, 2010

"Florida Power & Light Co.'s newest solar-energy plant
will have enough mirrors to cover 80 football fields. But
those mirrors will focus sunlight onto surfaces that add up
to about the size of a single football field. That 80-to-1
concentration of solar power will generate temperatures
of more than 700 degrees — hot enough to make
electricity for 11,000 homes.The Martin Next Generation
Solar Energy Center in Indiantown here will rank as the
world's second-largest solar plant when it begins
pumping out as many as 75 megawatts of electricity
late this year. It will also be the only system of its kind in
the world."

Legoland Impact to follow US 27 Route (by Robert Pitts,
Florida Real Estate Journal May 1, 2010)
"LEGOLAND's new multimillion dollar theme park is
expected to generate a significant impact  on
development in the US 27 corridor, according to a Polk
County tourism official. Mark Jackson, director of Central
Florida Tourism & Sports Marketing said the effect may
stretch from Lake Wales to as far north as the I-4/US 27
intersection. Merlin Entertainment Group paid an
estimated $22.3 million for Winter Haven's Cypress
Gardens theme park and reportedly plans to invest $100
million to $200 million to create LEGOLAND Florida,
which will be one of the five in the world and only the
second in the United States."

Mosaic Resort Highlights Land Reclamation Focus(by
Robert Pitts, Florida Real Estate Journal May 16, 2010)
"Fort Meade- Just because the Mosaic Company is
working on a 16,800 acre recreational development just
west of here doesn't mean the company is jumping
headlong into resort development, company officials
said. Rather, the project is an effort to demonstrate the
value of land reclamation process and benefits of
appropriate development...The 16,800 acre resort
project will be south of CR 630 and immediately east of
Old HIghway 37. Plans call for 300 hotel rooms or cabin
suites, an additional 513 vacation homes, two golf
courses and a network of recreational facilities. More
than half the land-some 10,000 acres-is likely to remain
undeveloped due to environmental sensitivity,
according to published reports."


2060 Florida Transportation Plan Regional Workshops
(From BikeWalkLee)
"The Florida Department of Transportation (FDOT) is
holding a series of 12 regional workshops around the
state to obtain public and partner input on the future of
transportation in Florida as part of development of the
2060 Florida Transportation Plan (FTP). There is a
workshop scheduled in Fort Myers on Tuesday, June 8th
from 1:30 - 4:00 p.m. at the SWIFT SunGuide Center on
10041 Daniels Parkway (which is inside the I-75 Rest
Area off Daniels; enter from Daniels and take a right to
the new gray building in the back). The FTP establishes
long range goals that will provide a policy framework
for expenditure of federal and state transportation funds
in Florida. The FDOT is updating this plan to respond to
new trends and challenges to meet the future mobility
needs of Florida's residents, visitors and businesses.

SFWMD Newsletter: Enhancing Water Storage (May 2010)
The South Florida Water Management District (SFWMD)
has been working with a coalition of other agencies,
environmental organizations, ranchers and researchers
since 2005, to enhance opportunities for storing excess
surface water on private, public and tribal lands.
https://my.sfwmd.
gov/portal/page/portal/common/newsr/enews/ripple/
code/pages/ripple_index.html#article03

FDEP Model Fertilizer Ordinance book revisions, call for
comments and meeting announcement.(www.eco-
voice.org) 5-21-10

"The Department is beginning to revise the Florida
Friendly Landscaping™ (FFL) book:  “Florida Friendly
Landscape Guidance Models for Ordinances,
Covenants, and Restrictions”, including updates to the
“Model Ordinance for Florida-Friendly Fertilizer Use on
Urban Landscapes” referred to in 403.9337 Florida
Statutes.  The comprehensive FFL book on model
ordinances will be revised to include changes to Florida
law, incorporate model ordinances for pet waste
disposal and irrigation, and present example
maintenance contracts.  The “Model Ordinance for
Florida-Friendly Fertilizer Use on Urban Landscapes”
needs to be revised for consistency with SB 494 and SB
2080, to correct errors with Agricultural BMP provisions,
and to provide additional points of clarification.  
Specific to the agricultural BMP provisions, please note
that this provision was inadvertently captured in the
model fertilizer ordinance.  The management practices
contained within the “Model Ordinance for Florida-
Friendly Fertilizer Use on Urban Landscapes” is directed
to urban landscapes and is not applicable to
agricultural operations.

Revisions to “Model Ordinance for Florida-Friendly
Fertilizer Use on Urban Landscapes” must be finalized
prior to proceeding with revisions to the comprehensive
FFL book; therefore, this will be a phased effort
beginning with the model fertilizer ordinance.  Once
complete, other sections of the FFL book will then be
updated.  An anticipated schedule is listed below for
your planning purposes.
  • May 31-   Draft revisions of “Model Ordinance for
    Florida-Friendly Fertilizer Use on Urban
    Landscapes” emailed to interested parties for
    comment.
  • June 24-  Public meeting in room 209 of  Emerson
    Alumni Hall  on the UF Campus in Gainesville,
    presenting the revised model ordinance including
    all comments received prior to June 14th.  Parking
    will be available.
  • July 6-  End of comment period for the model
    fertilizer ordinance.
  • July 30- Draft revisions to the comprehensive FFL
    book emailed to interested parties for comment.  
    The FFL book will include all revisions made to the
    model fertilizer ordinance.
  • August 31-  Public meeting (location to be
    determined) presenting the revised
    comprehensive FFL book.

In an effort to expand this opportunity for input and
comments, the Department encourages you to notify
individuals from local government and environmental
interest groups who are willing to assist with this effort.   All
interested parties may contact
michael.thomas@dep.
state.fl.us to be added to, or removed from, the email
and contact list."


Land Deal Likely to Improve Everglades, Ecologists Say
May 20, 2010 By Mary Caperton Morton See:
http://www.
eco-voice.org/node/3735
"The Obama adminstration unveiled a $324 million plan
for new bridges to lift sections of a highway that now
blocks water flow in the wetlands." The article discusses
the 2008 state  initiative to purchase 180,000 acres of U.
S. Sugar Corporation land south of Lake Okeechobee as
part of a $1.75 billion dollar plan. "Two years and a
recession later, that original plan has been reduced to
$536 million dollars for 73,000 acres."

Decision on 'inland port' site delayed May 20, 2010 By
Andy Reid, Sun Sentinel
http://articles.sun-sentinel.com/2010-05-20/news/fl-
inland-port-052010-20100520_1_florida-crystals-cargo-
distribution-hub-rail-and-truck-routes
"Sugar giant Florida Crystals on Thursday salvaged —
at least temporarily — its deal to create a job-producing
"inland port" industrial center in western Palm Beach
County. The Port of Palm Beach's board delayed a
decision until June on whether to scrap plans to build
the cargo distribution hub on Florida Crystals' land and
move the project to an industrial site near Port St. Lucie.
The port board in December selected Florida Crystals
over Port St. Lucie to house the proposed inland port."

Palm Beach: Proposed "Inland Port" Industrial
Distribution Center
New proposal would ease environmental concerns By
Andy Reid, Sun Sentinel
http://www.sun-sentinel.com/news/palm-beach/fl-inland-
port-palm-051810-20100518,0,6613205.story
"Palm Beach County commissioners on Tuesday
approved moving the site of a proposed "inland port"
industrial distribution center to ease environmental
concerns while trying to hold onto thousands of
potential jobs.Now it's up to the Port of Palm Beach to
decide whether to OK the new location in western Palm
Beach County or to negotiate with a competing site near
Port St. Lucie.
The Port of Palm Beach board meets Thursday. Moving
the site settles a permitting dispute with environmental
groups and the Florida Department of Community
Affairs, which objected to the original plan for the cargo
distribution hub on 318 acres west of U.S. 27 owned by
sugar producer Florida Crystals.The settlement
commissioners approved Tuesday calls for moving the
proposed inland port about 5 miles north, to 850 acres
Florida Crystals owns, situated between Belle Glade and
South Bay, and Lake Okeechobee.The new site avoids
stretching industrial development into an agricultural
area targeted for Everglades restoration. It was
supported by the growth watchdog group 1000 Friends
of Florida and the DCA.The new location comes with
"minimal environmental impacts," said Margaret
Morales, of Clean Water Action, who encouraged county
commissioners to "seal the deal." But longtime
environmental activist Rosa Durando on Tuesday
warned that, even with the new location, the project still
raises environmental concerns. She questioned whether
it would bring the industrial jobs touted for the deal.
"This is — no more, no less than — a glorified truck
depot," Durando said.Without room to expand along the
coast, the Port of Palm Beach is looking inland for land
that could become a distribution hub. The "inland port"
would rely on rail lines and truck routes to ship cargo to
and from coastal ports.The Port of Palm Beach wants to
get the new industrial distribution center ready for
operations by 2014, when an increase in cargo is
expected from improvements to the Panama Canal.The
Palm Beach County Commission has been trying to
keep the inland port in western Palm Beach County in
hopes of providing jobs for the towns beside Lake
Okeechobee, where unemployment hovers near 40
percent.During the search for an inland port location a
site in St. Lucie County came in second to Florida
Crystals' original location. Backers of the Treasure
Coast Intermodal Campus near Port St. Lucie contend
that if Florida Crystals can't deliver that site, then the
inland port project should go there.Port of Palm Beach
Director Manny Almira has said that the port board can
consider going with an alternative location on Florida
Crystals land."

HOLLAND CONSTRUCTION BEGINS TOM BENNETT
PARK (posted by www.BIZ941 Daily)
"Holland Construction has begun work on the 180-acre
Tom Bennett Park in Manatee County just northwest of
the S.R. 64 and I-75 interchange. Phase I will provide
nature trails, a canoe/kayak launch, a fishing pier,
volleyball courts, playgrounds, a soccer field and more
to be completed in 9-10 months. Future phases will
include an amphitheater and an Olympic-size swimming
pool." t.


MOTE REPORTING ON BEACH CONDITIONS AND OIL
SPILL (5-3-2010)
The Mote Marine Laboratory Beach Conditions Report
has been expanded to include impacts from the April 22
oil spill in the Gulf of Mexico. The report covers 33
beaches along Florida's Gulf Coast from the Panhandle
south to Collier County. Reports are updated twice daily
at 10 a.m. and 3 p.m. with information from lifeguards,
parks personnel and beach patrol officers, who upload
from PDAs to
www.mote.org/beaches. The public can
receive reports about particular beaches via e-mail or by
calling 941-BEACHES.


FGCU Innovation Hub
See
http://www.fgcuinnovationhub.com/siteoverview.
htm for information on the new 241 acre Florida Gulf
Coast University  Research and Development Park.

"$193 million in funds will benefit fire stations, libraries,
hospitals, road work"
"Building and upgrading essential infrastructure in rural
communities in 32 states will be paid for in part by
Recovery Act funds. In addition to infrastructure repair,
the funds - in the form of both grants and loans - also will
finance community centers, public safety buildings and
health care facilities. The $193 million in funding is
administered by the U.S. Department of Agriculture's
Rural Development Community Facilities Program and
will be matched by $68.5 million from other sources."
See recent report section at http://www.spartnerships.
com/ for more information.

"GOOD NEWS FOR NSP: REDEFINING 'FORECLOSED'
AND 'ABANDONED'

On April 2, 2010, HUD announced changes to the
definition of "foreclosed" and "abandoned" under NSP
to help accelerate the purchase and rehab of foreclosed
and abandoned properties. HUD will change how it
defines foreclosed and abandoned to include properties
in mortgage default and uninhabitable homes with
lingering code violations. These expanded definitions,
effective immediately, will increase the reach of NSP by
allowing more properties to qualify. This will help state
and local grantees to meet a Congressional requirement
that they obligate all of their NSP1 funding by September
of this year."

Florida's Economy (Feb 2010)
According to the Florida Real Estate Journal," Florida’s
economy should start to see the leading edge of a
recovery this year, but a return to pre-recession growth
levels won’t begin in earnest until 2011 and will likely
take two years after that, according to a new University
of Central Florida report. The Florida & Metro Forecast
2010-2013 was produced by economist Sean Snaith and
UCF’s Institute for Economic Competitiveness. The full
report can be found online at
www.bus.ucf.edu/hitec/

Red Sox (Feb 2010)
Lee County Commissioners approve Notice of Proposed
Change for new Red Sox Sports Facility at the February
15 zoning hearing.

8 NEW REGIONAL MICROSITES (Feb 2010)
See
http://www.eflorida.com/FloridasRegionsSubpage.aspx?
id=54

EAST COUNTY EMPLOYMENT CENTER PLAN (Feb
2010)
Sarasota county commissioners voted last week to work
with five private property owners on a smart growth
master plan for 300 acres east of I-75 along Fruitville
Road. The Stakeholders design charette will be held in
May or June.

ALGENOL BIO FUELS (Feb 2010)
Lee County Board of County Commissioners authorized
$10 million to support the Alegenol Bio Fuels new facility
in Lee County. Algenol's goal is to make $1.00/gallon
ethanol by combining specialized hybrid algae, sunlight,
CO2 from industrial sources, saltwater and marginal or
desert land.
See
http://www.algenolbiofuels.com

SOUTH FLORIDA'S INLAND PORT
http://www.ftc.state.fl.us/PDF/Presentations/
South_Florida_Inland_Port_Feasibility_Study_(10-9-07).
pdf

TWITTER
SJO LAND CONSULTANTS LLC IS Twittering in the new
year!
See
www.twitter.com/SJOLandConsult

TRACKING STIMULUS MONEY (Dec 2009)
See
http://flarecovery.com

FEMA Maps
New Flood Insurance Rate Maps were adopted in
August 2008 for unincorporated Lee County. There have
been some changes to several floodways as a result of
private Letters of Map Revision. See
http://leegis.leegov.
com/LeeSpInS/ to find out flood information on your
property.

Complete Streets (Nov 2009)
Lee County approved a Complete Streets resolution
promoting the inclusion of pedestrian walkways and
bike paths in public rights-of-way and private
developments.  The Resolution was drafted and
supported by the Lee County Smart Growth committee
which included a 10-point plan suggesting how the
initiative could be implemented by  updating the county’
s land use and transportation programs.

2010 Legislature
  • Amendment 4: F/K/A Hometown Democracy:
    Amendment 4 (formerly known as Hometown
    Democracy) State Constitutional Amendment will
    be on the 2010 ballot.  If approved, all
    comprehensive plan amendments (both public and
    private initiated) will be subject to referendum.

  • Growth Management: "Florida’s original growth
    management act and concurrency provisions will
    be 25 years old in 2010. Legislators will consider a
    sunset review of the Dept. of Community Affairs’
    (DCA) oversight of local growth management. The
    Legislature is also expected to address revisions
    and clarifications of the growth management
    reform act (SB 360) passed this year." (www.reis-
    swfl.org)
NEWS
SJO LAND
CONSULTANTS LLC

14658 Aeries Way Drive
Fort Myers, Fl 33912
239-849-0656