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2011 Legislative Webinar SeriesFlorida Association of Counties

February 4, 2011

SB 360: Legal Update & Legislative Issues

Growth Management Proposals Department of Community Affairs Governor’s Budget Florida Chamber

FAC’s Growth Management Position

Expectations for the 2011 Session

  Passed in 2009

Designates 8 counties as Dense Urban Land Areas (DULAs):◦ Broward; Duval; Hillsborough; Miami-Dade; Orange; Palm Beach; Pinellas;

Seminole.

Automatically creates Transportation Concurrency Exception Areas (TCEAs) within the boundaries of the Urban Service Area of DULAs

  Eliminates the DRI process within DULAs  Requires DULA communities to adopt mobility plans within 2 years

◦ (July 2011)  Extends financial feasibility compliance to 2011

June 3, 2010 – Circuit court in Leon County ruled that SB 360 violated unfunded mandates provision and single subject requirement.

September 8 – State files motion for rehearing.

September 21 – Court denies state’s motion.

September 24 – State appeals to the First District Court of Appeal.

DCA announces appeal stays the effect of circuit court’s decision (i.e., SB 360 is in effect)

Steps taken to reenact SB 360

Senate Bills (by Bennett): ◦ SB 172 – Security Cameras◦ SB 174 – Growth Management◦ SB176 – Affordable Housing

Passed two committees

House Bills:◦ HB 93 – Security Cameras◦ HB 7001– Growth Management◦ HB7003 – Affordable Housing

FAC Opposed SB 360 in 2009

FAC requested veto

FAC subsequently supported DCA’s interpretation of law.

o That cities and counties must amend their comprehensive plans to remove concurrency.

Based on DCA’s current interpretation of SB 360, FAC has taken no position on its reenactment.

Department of Community Affairs

Key Questions Raised by DCA

• What role should the State continue to play inGrowth Management going forward?

• What interest should the State be promotingor protecting through Growth Management atthe State level?

Department of Community Affairs

Underlying Assumptions

• Every local government has an adopted "in compliance” comprehensive plan

• In the last three years about 2500 amendment packages have been sent to DCA and over 93% have been found "in compliance.”

• Compared with 1985, Florida has a bigger, older, more urban, mobile and diverse population

Department of Community Affairs

Underlying Assumptions

• It is clear that local governments have becomemore sophisticated in planning and managinggrowth

• As such, a streamlined approach to amendingcomprehensive plans is desirable

Department of Community Affairs

Streamline State Review Process

• Remove pilot status of “Alternative State Review Process” and expand to all counties and cities.

Department of Community Affairs

What is the Alternative State Review Process?

Pilot program created by the 2007 Legislature to provide an expedited process for plan amendments.

 

Pilot communities transmit plan amendments to state agencies and local governmental entities after first public hearing.

 

State agencies submit comments directly to the local government. 

DCA does not issue an Objections, Recommendations, and Comments (ORC) report.

 

DCA or an affected person has 30 days to challenge the local government’s decision.

 

Current statutory timeline takes up to 136 days for state review of a proposed /adopted comprehensive plan amendment. Under the Alternative State Review Process, state review takes up to 65 days.

 

Department of Community Affairs

Modify Process By: Limiting state review to compelling state interests:

◦ Natural resources of statewide significance

◦ Transportation facilities of statewide significance

◦ Natural disasters preparedness

◦ Protection of major military installations

Department of Community Affairs

Other Modifications Propose that certain amendments remain subject to

“conventional” review:• Major plan updates• Amendments to incorporate new legislative requirements• Amendments for rural land stewardship areas• Optional sector plans• Amendments within areas of critical state concern• Comprehensive plans for new cities

Department of Community Affairs

Proposal: Emphasize Large Scale / Long Range Planning

How?

Modify Optional Sector Planning Process Long term conceptual build-out overlay for at least 5,000 ACs• Detailed specific area plans for at least 1,000 ACs

Each level of planning requires a comprehensive plan amendment

Department of Community Affairs

Optional Sector Plan Changes

• The Optional Sector Planning Program shouldbe revised to open up new possibilities

• Remove Pilot Program status and artificial cap on its use

• Increase the minimum acreage to incentivize truly large scale planning

• Relieve requirement to demonstrate land use "need" at time of long term conceptual overlay

Eliminates the Division of Community Planning (DCP)

53 positions transferred from DCP to DEP (assumed)

Division of Emergency Management (DEM) is administratively moved the Executive Office of the Governor.

Code Compliance transferred to DBPR

Florida’s Community Trust transferred to DEP

Rumors that state planning review functions to be assigned to a newly created Economic Development Agency

Florida Chamber Proposal Limit state role in comprehensive plan review

All amendments go through Alternative State Review Process Allow DCP to comment or object only if state resources are

significantly and adversely impacted.

Repeal Rule 9J-5 and limit rulemaking Provide more specific standards in Ch. 163

Revise the plan amendment process No limitation on plan amendments

Florida Chamber Proposal (cont.)

Make school concurrency optional

Remove financial feasibility requirement

The Optional Sector Planning Program ◦ Remove DCA from review process◦ Eliminate “need” requirement at time of long term

conceptual overlay

Growth management debates have historically centered on two primary issues:

The State’s Role◦ What is the appropriate role of the state in growth

management issues?

Transportation Concurrency: ◦ How to do we provide exemptions without

exacerbating existing traffic congestion and negatively impacting other jurisdictions?

Provide a clear vision for how Florida should grow• What do we want to accomplish? What policies / strategies are

needed?

Ensure the state’s environmental and infrastructure resources are protected through the State Land Planning Agency• Maintain a state oversight role but redefine what it oversees• Consider creating a commission to identify appropriate reform issues• Stronger regional role?

Respect local home rule authority to manage local planning programs, including concurrency• If concurrency is eliminated as a state requirement, allow counties to

retain the authority to manage their concurrency management systems.

Help eliminate and/or mitigate inter-jurisdictional impacts

Provide technical assistance to small counties

No new planning requirements for counties.

Consider alternative planning requirements based on a county’s population size and/or growth rate.

Allow slow/no growth counties to post-pone Evaluation and Appraisal Report (EAR) requirements.

Allow targeted exemptions from transportation concurrency for projects or development areas that demonstrate job creation.

Streamline state review by making permanent the “Alternative State Review Process” and allow any county to adopt process.

Extend financial feasibility compliance for local plans to 2012.

Allow counties to publish public notices for comprehensive plan amendments on the internet in lieu of general circulation newspapers.

Appetite to overhaul growth management is strong

Legislative proposals to restructure DCA not known

Some form of state oversight appears to be supported by all stakeholders

Defining state interests will be key in determining states role

Positive and negative opportunities for all sides

Contact:Eric Poole

Florida Association of Countiesepoole@fl-counties.com

(850) 922-4300

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Pension Reform – February 18th

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