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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)

Waterfronts Florida Program
"Fort Myers has been selected to join the Waterfronts
Florida Program, which entitles the community to receive intensive
technical assistance and grants from the state towards revitalizing
working waterfront areas. The goal is to formulate a community-designed
plan to guide revitalization of traditional water-dependent economies. The
program is funded with federal grants and Florida’s Dept. of Community
Affairs (DCA) provides staff to implement the program" (www.reis-swfl.org)

Lee Plan Amendments Transmitted (Oct 2009)
The Buckingham Community Plan,Southeast Lee DR/GR Land Use Study
and the Babcock Ranch Comprehensive Plan Amendments were
transmitted to DCA.  

Two Year Extensions
Senate Bill 360 allows Two Year Extensions on locally approved
Development Orders, Building Permits and DRI build-out and termination
dates.

Lee County Population (Aug 2009)
As reported by Lee County Community Development Department, the
population for Lee County decreased."The current population of Lee
County is 615,124.  That’s 8,601 people fewer – or 1.38 percent less – than
last year, according to the Bureau of Economic and Business Research at
the University of Florida.The population of unincorporated Lee County is
estimated at 323,780, down by 1.67 percent or 5,499 residents.It is the first
time since 1960, when annual population figures began to be recorded,
that Lee County’s population has declined year-to-year.  Lee County’s
growth rate peaked during the 12 months ending April 2007, when Lee’s
population increased by an average of 82 people a day."

VISION NORTH PORT (June 2009)
See www.imaginenorthportfl.com for Imagine North Port, collaborative
community project.

2009 Florida Legislative Session (May 2009)
See Senate summary: http://www.flsenate.gov.  Click on Interim Work
Plans, Reports and Summaries and choose 2009 Regular Session.
See House summary:http://www.myfloridahouse.gov
Click on End of Session Summary for 2009 Regular Session at http://www.
myfloridahouse.gov

Legislative Bill Summary from www.floridaplanning.org
(May 22, 2009):

HB 73- Expedited Permitting Process for Economic Development Projects
(enrolled text filed, not yet presented to the Governor)
  • Requires DEP and appropriate water management districts to adopt
    expedited processes for wetland resource and environmental
    resource permits for economic development projects that local
    government identifies as meeting the definition of a target industry
    business
  • Does not apply to projects requiring approval of the Board of
    Trustees of the Internal Improvement Trust Fund
  • A preapplication process is mandatory
  • Permit application must be approved or denied within 45 days of
    receipt of application, last item of requested information or notice
    that the applicant wants processing to begin
  • In Charter counties with population of 1.2 million or more which has
    a delegation agreement with DEP or the water management district,
    county governing board must approve permit application for
    expedited review via resolution.

HB 227-Impact Fees (Approved by the Governor on May 21st; Effective
date is July 1, 2009.)
•       States that with respect to impact fee challenges, the local
government has the burden of proof, using the preponderance of
evidence test.

SB 360- Community Renewal Act (Presented to the Governor on May 18th;
Governor must act by June 2nd; Bill will be discussed during Office of the
EDR's Revenue Estimating Impact Conference on May 28th.  
  • Revises definition of "existing urban service area" and expands it
    to include facilities committed in the CIE within three years, as well
    as within counties that qualify as dense urban land areas, areas
    identified in  comp plan as of July 1 as urban service areas or urban
    growth boundaries, and the non-rural area of a county which has a
    rural designation in its county charter
  • Creates definition of "dense urban land area" (DULA): Municipality
    with 1000 people/sq mile and at least 5000 population, County(with
    cities within) with 1000 people/sq mile or County(with cities within)
    with 1 million pop,  and provides for the method of designating
    these jurisdictions
  • Extends the compliance deadline for local governments to submit
    financially feasible CIE from December 1, 2008 to December 1. 2011
  • States that within transportation concurrency exception areas
    (TCEAs) the local government will be deemed to achieve and
    maintain level-of-service standards
  • Requires the dispute resolution process in a local government's
    comprehensive plan be mandatory
  • Creates TCEAs in a municipality that qualifies as a dense urban land
    area, an urban service area which has been adopted into a local
    comprehensive plan and is located in a county that qualifies as a
    dense urban land area, and in a county (including cities within)
    which has a population of at least 9000,000 and qualifies as a dense
    urban land area but does not have a designated urban service area
  • Optional TCEAS may be designated by cities in comp plan for: urban
    infill, CRA, Downtown revitalization, urban infill and redevelopment,
    urban service area as defined above, areas in designated urban
    service boundary
  • Optional TCEAs for non-DULA counties in urban infill areas, urban
    infill and redevelopment, urban service areas as defined above
  • All must adopt within 2 years, land use and transportation strategies
    to support and fund mobility within the exception area.  Existing
    criteria in statute do not apply.
  • Automatic TCEA does not apply to designated transportation
    concurrency districts in a county with 1.5 million and a
    transportation concurrency assessment funding alternative modes.  
    Also does not apply in any county that has exempted more than 40 %
    of urban service area for purpose of urban infill.
  • Transportation Concurrency exemption included for  developments
    in certain areas which have special part-time demands
  • Waiver of transportation concurrency allowed for projects that are a
    qualified job creation project
  • Adds local amendment to designate existing urban service area as a
    TCEA, areas eligible for expedited review, and areas exempt from
    DRI review to the exemption from the twice per year plan
    amendment limitation
  • Allows local governments to use alternative state review process to
    designate urban service area in its comprehensive plan
  • Automatic DRI Exemption in: cities that meet dense urban land area,
    urban service area in counties that qualify as dense urban land
    areas, counties(and cities therein) with 900,000 pop that qualify as
    dense urban land area and have no urban service area
  • For non-DULA cities:  automatic exemption in urban infill areas,
    CRAs, Downtown Revitalization areas, urban infill and
    redevelopment areas, urban service areas , and areas within urban
    service boundary if designated in its comp plan
  • For non-DULA counties: automatic exemption in urban infill, urban
    infill and redevelopment areas, and urban service areas that are
    designated in the comp plan
  • No DRI exemptions within ACSC, Wekiva Study Area, or within 2 miles
    of the Everglades Protection Area
  • Contains provisions for DRIs partially in and out of exempted area
    and existing DRIs
  • States that LOS required in transportation methodology are the
    same as used to evaluate concurrency
  • Eliminates existing exemption (n) dealing with development in an
    urban infill and redevelopment area
  • If exempted DRI is part of larger DRI, does not have to be included
    in review of larger project under certain circumstances
  • DOs for projects that would exceed 120 % of any threshold must be
    submitted to DCA but can only be appealed for comprehensive plan
    inconsistency  
  • For school concurrency, allows use of a projected 5-year capital
    outlay FTE growth rate greater than 10 percent under certain
    circumstances
  • Deletes prohibition on amending plan if public schools facility
    element or school concurrency not adopted and transmitted
  • Both local government and school board may be sanctioned
  • Allows use of relocatables when determining if LOS standards are
    met
  • Allows construction of charter schools to be counted as mitigation
  • Prohibits local government from establishing standards for security
    cameras that requires local business to expend funds to enhance
    local government services
  • Allows zoning changes to be processed at same time as plan
    amendment, contingent on comp plan amendment being effective
  • Directs DCA and DOT to continue their studies and submit a joint
    report by December 1, 2009 with recommended legislation and plan
    to implement mobility fee as replacement for transportation
    concurrency
  • Provides for 2 year extension, upon notice by permit holder, of DEP
    and WMD permits that expire between September 1,2009 and
    January 1 2012.  Also applies to any local government development
    order or building permit.  Includes buildout dates. Does not apply to
    certain types of permits.
  • Provides that certain land development regulations must maintain
    the existing density of residential properties or recreational vehicle
    parks if the properties are intended for residential use, and are
    located in an unincorporated area with sufficient infrastructure in
    place to support the use but are not located within a high coastal
    hazard are under s. 163.3178 FS     

The bill also includes a number of amendments to various statutes
dealing with affordable housing:
  • Limits the Florida Housing Finance Corporation's access to the state
    allocation pool for private activity bonds permitted to be issued in
    the state under the Internal Revenue Code to the amount of their
    initial allocation, and to provide that after the initial allocation has
    been provided, the corporation may not receive more than 80
    percent of the amount remaining in the state allocation pool on
    November 16th of each year.
  • Creates s. 193.018, F.S., to provide for the assessment of structural
    improvements, condominium parcels, and cooperative parcels on
    land which is owned by a Community Land Trust (CLT) and used to
    provide affordable housing. The bill defines "community land trust"
    as a nonprofit entity that qualifies as a charitable entity under s. 501
    (c)(3) of the Internal Revenue Code and which has as one of its
    purposes the acquisition of land to be held in perpetuity for the
    primary purpose of providing affordable housing. In arriving at the
    just valuation of structural improvements or improved parcels
    conveyed by a CLT, or land owned by the CLT, the property
    appraiser must assess based on the resale restrictions or limited
    uses contained in the 99-year or longer ground lease. When
    recorded in the official public records of the county in which the
    property is located, the ground lease and amendments or
    supplements to the lease, or a memorandum documenting the
    restrictions contained in the ground lease, are deemed a land use
    regulation during the term of the lease.
  • Amends s.196.196 to provide that property owned by an exempt
    organization qualified as charitable under s. 501(c)(3) of the Internal
    Revenue Code is used for a charitable purpose if the organization
    has taken certain specified affirmative steps to prepare the property
    to provide affordable housing to persons or families meeting the
    income restrictions for extremely-low, very-low, low, and moderate
    income families under s. 420.0004, F.S., and a process for collecting
    taxes if the property is not actually used for affordable housing after
    the exemption is given.
  • Amends s. 196.1978 to expand the affordable housing property ad
    valorem tax exemption to property that is held for the purpose of
    providing affordable housing to persons and families meeting the
    income restrictions in s. 159.603(7), F.S., and s. 420.0004, F.S  where
    the property is owned by a Florida-based limited partnership, the
    sole general partner of which is a not-for-profit corporation, or is
    owned by a nonprofit entity that is a not-for-profit corporation. The
    not-for-profit corporation must qualify as charitable under section
    501(c)(3) of the Internal Revenue Code and in compliance with Rev.
    Proc. 96-32, 1996-1 C.B. 717.
  • Amends s.212.055 to provide that an expenditure to acquire land to
    be used for a residential housing project in which at least 30
    percent of the units are affordable to specified individuals and
    families is an authorized use of the local infrastructure surtax if the
    land is owned by a local government or a special district that has
    entered into an interlocal agreement with the local government to
    provide such housing. The local government or the special district
    may enter into a ground lease with any entity for the construction of
    the residential housing project on land acquired from the
    expenditure of local infrastructure surtax proceeds.
  • Amends s. 420.503, F.S., to provide that "moderate rehabilitation"
    means the repair or restoration of a dwelling unit when the value of
    such a repair or restoration is not more than 40 percent of the value
    of the dwelling unit but not less than $10,000.
  • Amends s. 420.5087, F.S., to include projects that include green
    building principles, storm-resistant construction, or other elements
    to reduce long-term maintenance costs as projects eligible to apply
    for and receiving consideration for funding from the SAIL program
    and provides that the proceeds of SAIL loans may be used for
    moderate rehabilitation or preservation of affordable housing units.
  • Directs a variety of agencies development and implement strategies
    and procedures to increase affordable housing opportunities for
    young adults who are leaving the child welfare system.
  • Amends a number of definitions in s.420.9071
  • Authorizes counties and eligible cities to use SHIP dollars to provide
    relocation grants to persons who have been evicted from rental
    housing due to the property being in foreclosure
  • Amends s. 420.9073 relating to Local Housing Distributions
  • Amends s. 420.0975 relative to Local Housing Assistance Plans as
    follows:
  • In the development and implementation of local housing assistance
    plans used to make affordable housing available to qualified
    persons, counties and cities must include persons with disabilities
    as persons with special housing needs.
  • The local housing assistance plans of counties and cities can
    include strategies to assist persons and households with annual
    incomes of not more than 140 percent of the area median income.
  • Local housing assistance plans must describe initiatives that
    encourage or require innovative design, green building principles,
    storm-resistant construction, or other elements that reduce long-
    term costs relating to maintenance, utilities, or insurance.
  • Counties and cities are encouraged to develop local housing
    assistance plans that provide funding for preservation of assisted
    housing or assisted housing developments.
  • Not more than 25 percent of funds made available in each county
    and eligible city may be used for manufactured housing.
  • Monroe County's exemption from income-restrictions relating to the
    use of set-aside funds in the local government assistance trust fund
    is extended from July 1, 2008 to July 1, 2013, so that awards may be
    made to residents with incomes no higher than 120 percent of the
    area median income, and applied retroactively.
  • SHIP funds may be used for preconstruction activities. When
    preconstruction due diligence activities prove that preservation is
    not feasible, the costs for those activities are program costs and not
    administrative costs.
  • -Counties and cities may award construction, rehabilitation, or repair
    grants as part of disaster recovery, emergency repairs, or to remedy
    access or health and safety issues.
  • -Program funds expended for an ineligible activity must be repaid to
    the Local Housing Assistance Trust Fund and SHIP funds may not be
    used
  • Amends s. 420.9076 to allow a local governing body that also serves
    as a local planning agency to appoint a designee to the local
    affordable housing advisory committee.
  • Repeals s. 420.9078, F.S., providing statutory requirements for the
    Florida Housing Finance Corporation's distribution of funds, if any,
    which remain in the Local Government Housing Assistance Trust
    Fund, after all appropriations have been made.
  • Amends s. 1001.43, F.S., to expand the purposes for which a district
    school board in an area of critical state concern may use specified
    properties and surplus lands to include affordable housing for
    essential services personnel, as defined by local affordable housing
    eligibility requirements.

HB 485 - Fast Track Stimulus for Small Businesses (signed by Governor on
May 21st; effective date is July 1, 2009)
  • Creates the Florida New Markets Development Program similar to
    the existing federal program
  • Provides state tax credits for investments in low-income
    communities, up to 39% of original investment amount
  • Tax credits may be used to offset corporate income or insurance
    premium tax liabilities

SB 494 - Water Conservation (enrolled text filed; not yet presented to the
Governor)
  • Amends s. 373.62, F.S., to revise the requirements for automatic
    landscape irrigation systems regarding technology, enforcement
    and creation of a model ordinance by January 15, 2010, with
    minimum requirements regarding landscape irrigation systems and
    enforcement, for adoption by local governments no later than
    October 1, 2010.
  • Creates the Protection of Urban and Residential Environments and
    Water Act providing:
  • Encouragement for all local governments to adopt the model
    ordinance or more stringent measures.
  • Required adoption by local governments of the model ordinance or
    more stringent measures if within the watershed of a water body
    impaired by nutrients.
  • Development of training and testing programs by the DEP and the
    Institute of Food and Agricultural Sciences in urban landscape best-
    management practices.
  • Review and approval of equivalent or more comprehensive
    programs offered by other entities.
  • Certification of persons successfully completing one of these
    programs.
  • Establishment of procedures for the issuance of a limited
    certification for urban landscape commercial fertilizer application
    licenses.

HB 821 - Community Development Districts (CDDs) (enrolled text filed, not
yet presented to the Governor)
  • Adds a new definition of "compact urban mixed use district (a
    district that is a maximum of 75 acres and has development
    entitlements of at least 400,000 square feet of retail and 500
    residential units.)
  • Revised deed restriction rulemaking authority of CDDs to potentially
    expand their powers over property outside of the CDD, subject to an
    interlocal agreement or consent of the county or municipality.  
  • Also revises the procedures for amending CDD boundaries or
    merging them.

HB 1021- Department of Transportation (Presented to Governor on May
15th; Governor must act by May 30th.)
Contains a number of amendments relative to FDOT activities but also
includes the following:
  • Future Land Use Element must address lands adjacent to airports
  • Requires ICE to recognize airport master plans
  • Transportation element must include areas around airports
  • Provides DRI exemption for port related industrial or commercial
    projects located within 3 miles of or in a port master plan area that
    rely on use of port and intermodal transportation facilities when
    consistent with the port master plan.
  • Provides a definition of "backlog"
  • Expands powers of transportation concurrency backlog authorities
    to allow issuing of debt obligations such as bonds
  • Requires bonds to mature no later than 40 years after debt incurred
  • Amends local trust fund language to require fund to continue as
    long as projects to be completed or incurred debt still exist
  • Requires FDOT, in consultation with a variety of agencies, to
    conduct a study of transportation alternatives for the travel corridor
    parallel to I-95, and submit report to by June 30, 2010

HB 7053 - Rural Agricultural Industrial Centers (RAIC) (enrolled text filed,
not yet presented to Governor)
  • Adds definition in Ch. 163 for a rural agricultural industrial center (a
    developed parcel in unincorporated area with existing AG industrial
    facility or facilities that employ at least 200 full-time employees.  
    Includes any biomass material or alternative fuel material.)
  • RAIC can also include contiguous land which contains other
    activities essential to the operation of the AG industrial facility
  • RAIC must be located within 10 miles of a rural area of economic
    concern.
  • RAIC landowner can apply for a comp plan amendment to designate
    or expand the AG industrial uses pursuant to certain criteria
  • Local government must transmit the application, with any needed
    plan amendment, to DCA within 6 months.  If consistent with this
    section, the amendment is presumed to be consistent with 9J-5.006
    (5).
  • RAIC option does not apply to optional sector plan, rural land
    stewardship area, or any amendment that includes an inland port
    terminal or affiliated port development.

Red Sox Sports Facility - Site Selection (4-29-09)
The Lee County Board of County Commissioners ranked the Waterman-
Pinnacle site as their first choice and the University Highlands site
second. The Waterman site is located north of the Southwest Florida
International Parkway on Daniels Parkway. University Highlands is located
on Treeline Avenue, north of the Germain Arena.

Biodiesel Plant (4-28-09)
The Lee County Board of County Commissioners approved the
construction of a Biodiesel plant that converts waste vegetable oil to fuel.
The County will use the biodiesel fuel for county vehicles. The Plant
location has not be selected.

"Scrap the Cap" Affordable Housing Trust Fund (4-27-09)
"The House passed the repeal of the cap on the housing trust funds in HB
161 by Representative Gary Aubuchon.  The companion bill in the Senate,
SB 1042 by Senator Bennett, also carries the repeal of the cap language
and it is now in Senate Ways and Means Committee." (Florida Housing
Coalition)

Senate Bills 4-27-09
Growth Management SB 360 (4-27-09)
"The House took up and amended SB 360 on 4-23-09, and that bill is now
on 3rd reading, awaiting final passage. " (NAIOP update)

Growth Management SB 362 (4-27-09)
"The Senate has withdrawn this bill from its remaining committees of
reference and placed it on Special Order for 4-28-09.  No amendments
have been filed yet to this bill, and it contains many of the issues now in
SB 360 that were not in the bill when it originally passed the Senate.  The
House continues to indicate that it only wants to pass one growth
management bill." (NAIOP Update)

SB 580 (Impact Fees) 4-27-09
"SB 580 is on Special Order today in the Senate, and HB 227, which already
passed the House, has been received by the Senate and referred to
committee, so this bill is poised for final passage." (NAIOP 4-27-09 Update)

HB 7143 (Permit Extension) 4-27-09
Rep. Williams’ regulatory reform bill, which contains the 2-year permit
extension, is on 3rd reading in the House and is ready for final passage
after the House considers a series of additional amendments.(NAIOP 4-27-
09 Update)

Inland Port (4-13-09)
"Palm Beach County commissioners gave initial approval Monday to two
land-use changes that could allow an industrial complex to be built near
the southern end of Lake Okeechobee.

The county is competing with several of its neighbors to be chosen as the
site of an "inland port" that would be a warehousing and distribution
center serving South, Southwest and Central Florida's seaside ports,
including the Port of Palm Beach."
See:  http://www.palmbeachpost.
com/business/content/local_news/epaper/2009/04/13/0413inlandport.html

Growth Management Legislation -SB360 (4-2-09)
The Florida Senate has passed SB360 that would exempt large projects in
urban service areas and densely populated areas from the DRI process.
The legislation also lifts the transportation concurrency requirements in
order to stimulate the economy.  The House is currently considering the
companion Bill (HB 7049).

Keep track of Stimulus Money (3-20-09)
http://www.stimuluswatch.org/project/by_state/FL

Lee County Commission agrees to start negotiation with four proposed
Red Sox sport facility sites (4-8-09)
The Board of County Commissioners will be discussing site selections at
their April 29th meeting.

American Recovery & Reinvestment Act of 2009 (3-11-09)
$8.2 billion have been allocated to Florida for statewide distribution to
fund infrastructure projects.        

Rural Land Stewardship Area (RLSA) (03-09-09)
DCA will present and discuss the latest draft  RSLA rule at a workshop on
March 16, 2009, beginning at 10:00 a.m., at the Department of Community
Affairs  offices in Tallahassee.

Growth Management Legislation (03-02-09)
Senator Mike Bennett sponsored a growth management bill that simplifies
regulations to "kick-start the state's sluggish economy." The proposed bill
currently exempts urban areas with at least 1,000 residents per square
mile from the DRI process and waives roadway concurrency regulations.
The Senate's community affairs and transportation committees
unanimously approved the bill and the appropriations committee will
consider the bill this week. A similar bill is expected to be filed in the
House.

Red Sox Sports Facility Site Selection: (02-26-09)
Lee County narrowed the proposed nine Red Sox sites to four:
  •        Edison Farms
  •        Galvano Development
  •        Watermen-Pinnacle
  •        University Highland

Lee County Board of County Commissioners Adopt Comprehensive Plan
Amendments   (02-25-09)
  •        Commercial/Industrial Study
  •        Southwest Florida International Airport
  •        Community Plans

Lee County Local Planning Agency recommends  North River Village  
Comprehensive Plan Amendment not be transmitted to DCA(02-23-09)

State Housing Trust Funds
  • The special session budget bill SB-002A cuts, redirects and sweeps
    $23,027,511 housing trust fund monies from various programs.
  • Monies originally appropriated for down payment assistance,
    farmworker, and special needs housing was redirected to SHIP.
  • Florida Housing is required to return to the state treasury
    $190,000,000 of “unexpended funds”  
  • As a result, Florida Housing may not be able to support SAIL,CWHIP,
    RRLP projects that had Florida Housing's preliminary commitment to
    provide funding assistance.
  • Florida Housing is developing emergency rules to govern the
    allocation of remaining funds in those programs.
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