Topic: Land Use

Bills eliminating state-level reviews of large development projects in more counties and environmental permitting regulations didn't make it out of the legislature but a bill favored by the real estate industry to entice insurers to write more flood insurance policies will go to Gov. Rick Scott's desk. Read more . . .

The Senate, however, is sticking to its version with a provision making an online skills test for unemployment benefits voluntary.

The Florida Department of Economic Opportunity is challenging the approval of a development in Lake County within the Green Swamp. "The agency is near death but it's good to know there is still an ounce of breath in the body," said Tom Pelham, a land use attorney who twice served as secretary of the Department of Community Affairs.

HB 947 and SB 1070 would have prevented cities from having a say in whether fuel terminals within their city limits can expand. The bills still prohibit cities and counties form declaring them as a nonconforming use and allows them to rebuild after a natural catastrophe to their existing capacity. A Florida League of Cities representative called the amended bills "a fair compromise."

Bills moving in the Legislature would undermine a community's effort to regulate fuel terminals. The bills declare terminals a critical component in the distribution of fuel, allow them to expand and would permit local government to pass only regulations governing their appearance.

Infrastructure like roads, sidewalks and even fire service in some cases are paid for by bonds funded by assessments imposed by special districts. The message to lawmakers from developers and their investors about this system is, "don't mess with it," according to attorney Nancy Linnan.

HB 703 by Rep. Jimmy Patronis targets two Martin County policies adopted last year. "Why should Tallahassee do a one-size-fits-all (solution) for what they were saying in 2011 was best left to local government?" asked Charles Pattison of 1000 Friends of Florida.

Some legislative leaders and pundits say there will be a focus on water in the 2014 legislative session but it looks increasingly like the focus will be on money -- for environmental protection and restoration.

Lawmakers are pushing bills this year to limit local governments' ability to charge transportation concurrency fees, reduce state reviews of local growth management decisions, require written notice to retain subsurface mineral rights and require Citizens Property Insurance Corp. customers to repair sinkhole damage only through approved contractors.

SB 372 would increase from eight to 15 the number of counties designated as "dense urban land areas" where those developments are excluded from state review as DRIs. Also Tuesday, HB 189 dealing with citizen referendums also passed its first committee stop.

The case involving 1000 Friends of Florida has become a flashpoint between environmental groups and those supporting property rights. Meanwhile, a law firm specializing in property rights cases got involved with an extensive public records request and claims against the Martin County Commission.

Eight counties were exempted from state review of proposed "developments of regional impact" under 2009 legislation. Now SB 372 by Sen. Bill Galvano would extend the exemption to Brevard, Lee, Manatee, Pasco, Sarasota and Volusia counties. ... Related Research: Dec. 10, 2013 Fla. Dept. of Economic Opportunity -- local governments qualifying as "dense urban land use" areas under 2009 legislation.

The governor created the East Central Florida Corridor Task Force to make recommendations on transportation, environment and land-use planning and to serve as a pilot effort for statewide use. Environmental groups had raised concerns about transportation corridor planning at the Department of Transportation and said they hope the effort won't just focus on road-building. ... Related Research: Executive Order 2013-319, creating the East Central Florida Corridor Task Force.

There were 13 findings of "adverse impacts" in 2012, the first full year after the Legislature approved sweeping growth management law changes, but none resulted in findings of "not in compliance." Critics say the newly written law was vague and discourages enforcement. The Department of Economic Opportunity, however, says its job is to help communities achieve compliance. ... Related Research: Sept. 30, 2013 DEO "not in compliance" data 1989-2012.