The effective management of Florida's growth remains a key concern for the residents of this state. As Floridians continue to struggle with traffic logjams, water shortages, affordable housing, school overcrowding, the loss of natural areas and other growth issues that affect our daily lives, the need for quality growth management is becoming increasingly important. With hundreds of people a day continuing to move to our state, the impacts of growth will increase dramatically each and every year. To review 1000 Friends' 2003 Legislative Platform, click here.

Proposed DCA/DOS Merger

On January 21, Governor Jeb Bush released his proposed budget for 2003, in which he outlines the merger of the Florida Department of Community Affairs and Department of State into the new Department of State and Community Partnerships (for more details, seewww.ebudget.state.fl.us/priorities/hottopics_dept_state.asp). Former Orlando Mayor Glenda Hood has been tapped to head this new agency. According to Bush this merger will save $20.7 million and result in the elimination of 218 positions. On February 14, staff of 1000 Friends and several other groups met with current DCA Secretary Colleen Castille and other staff to discuss the Governor's plans. While his budget includes a proposed organizational chart for the new department, DCA staff explained that the statutory language to be introduced to the legislature this year would not include organizational specifics; instead the final structure would be left to the discretion of incoming Secretary Hood. It was also indicated that the proposed merger this year is "structural," and that policy changes would follow. Castille indicated that prior to new policy language being introduced, the intent was to hold meetings with interest groups to determine appropriate policy and implementation changes. To link to the Governor's provisions regarding this merger, click here.

Because DCA currently handles the state's growth management efforts, 1000 Friends is carefully evaluating the proposed merger. 1000 Friends believes that policy changes should drive any reorganization, and not vice versa. Such a merger should only take place if it will result in meaningful improvements to growth management, as outlined below. Therefore, prior to the merger, we recommend that the Governor convene an advisory group of interested parties to fully ensure that citizen, community, natural resource, and development interests are fully represented in this most important undertaking. Any proposal must detail a strong vision for Florida's future, including maintaining or even improving the protection offered for sensitive natural areas, affordable housing, historic resources, and other state assets. Once appropriate policy changes have been identified and statutory language has been drafted to ensure their implementation, 1000 Friends stands ready to support the reorganization needed to elevate the status of growth management in Florida. With this advice, 1000 Friends believes that a new, better growth management program can be realized for the benefit of our citizens, the economy and the environment. For more information on 1000 Friends' position on the proposed merger, click here.

Affordable Housing Trust Fund

Additionally, the budget diverts the Affordable Housing Trust Fund revenue to general revenue. This year's allocation for affordable housing would be $83.9 million less than the amount that would be available from the dedicated revenue in the trust fund. Established under the Sadowski Act of 1992, Florida's trust fund is the nation's largest dedicated revenue source for the provision of affordable housing. 1000 Friends of Florida led the diverse coalition that successfully pushed for this dedicated funding, and is opposed to this proposed diversion. Affordable Housing Director Jaimie Ross has assembled a tremendous lobbying and action team through the Sadowski Coalition and has had tremendous success generating editorial and interest group support to protect these funds. To find out more about the Affordable Housing Trust Fund, click here.

Pending Legislation

While the 2003 session has not yet started, a number of bills have been filed that impact growth management. Many of these are "shell bills," meaning that a bill number and intent statement have been filed but the bill substance has not yet been included. 1000 Friends is currently tracking the following bills:

AFFORDABLE HOUSING

SB 116/HB 239 - This bill increases the allowable taxcredit for affordable housing programs from 10 to 20 million dollars.

AGRICULTURE

SB 1660 - Called the Agricultural Lands and Practices Act, this bill resurfaces the "right to farm" debate that last appeared 3 years ago; it was drafted by the Florida Farm Bureau. The bill specifically prohibits local governments from restricting or regulating farm operations where those are already regulated by best management practices or existing state, regional or federal programs. It goes on to say that no change of land use classification or zoning may occur on agricultural lands without the written permission of the landowner.

DCA/DOS MERGER

Webster/SB 416 (shell) - Legislative intent to revise Department of State laws

Webster/SB 402 (shell) - Legislative intent to revised Department of Community Affairs laws

Geller/SB 186 (shell) - Legislative intent to merge DCA and DOS

GENERAL SUBJECTS

Pruitt/SB 418 (shell) - Legislative intent to revise laws on state planning and budgeting

Argenziano/SB 140 - Amends Florida Interlocal Coopertation Act (163.01, F.S.) relating to public facilites acquisitions

Constantine/SB 548 (shell) - Legislative intent to revise community redevelopment agency laws

Constantine/SB 540 (shell) - Legislative intent to revise affordable housing laws

Spratt/HB 023 - Amends Chapter 120 dealing with agency authority to change findings of law by administrative law judges and certain licensing procedures

GROWTH MANAGEMENT

Geller/SB 434 - This shell bill from Senator Geller will introduce mandatory Urban Growth Areas into Chapter 163. Staff has worked on an unreleased draft to improve bill language, but no date has been given for a public consideration of this bill.

Constantine/SB 542 (shell) - Legislative intent to revise growth management laws

Constantine/SB 490 (shell) - Same as above and adds "annexation"

SB 1164/HB 113 - Amends Burt Harris Act to eliminate the sovereign immunity protection now in the act, and makes the elimination retroactive to 1995. These bills are the result of a Circuit Court decision in Miami-Dade County that ruled a local government is protected from this law when it down zones -- that decision is now on appeal. This issue is being actively followed by the Florida League of Cities and the Florida Association of Counties.

NATURAL RESOURCES

Clary/SB 382 (shell)- Legislative intent to revise laws relating to natural resources

Clary/SB 384 (shell) - Legislative intent to revise environmental regulation laws

Clary/SB 374 (shell) - Legislative intent to revise regulatory programs

Constantine/SB 568 (shell) - Legislative intent regarding Wekiva Springs Preserve and proposed parkway (Rep. Brummer is expected to file a similar bill in the House)

HB 1333/SB 1956 -Wekiva River Springs Protection Act follows up on the recommendations of the Governor's just concluded Task Force charged with locating a road in this sensitive area so as to not disturb sensitive recharge and environmental areas there. This bill contains most of the Task Force recommendations, but 1000 Friends staff has worked with Senator Constantine's office (his bill remains a shell at this time) to produce a bill that the environmental coalition that met constantly with the Task Force now supports. We believe this legislation could represent a model for working anywhere through a consensus driven process to accommodate development and environmental protection measures

HB 623 - This bill simply extends indefinitely the currently required date (2003) by which the DEP and NWF Water Management District was directed to prepare a wetland protection program that mirrors other existing WMD wetland protection requirements. We have previously stated our interest in working to help get this program approved and funded this year.

Sorensen/HB 101 - Creates Florida Keys and Key West Area of Critical State Concern Wasterwater and Stormwater Trust Fund

SCHOOLS

Geller/ SB 286 - Amends 163.3174 regarding school board representation to bodies considering land use changes and comments by school boards regarding development impacts

SB 1022 - Introduces the concept of a statewide school impact fee, and if adopted and implemented, a waiver of all local government authority in this area. The bill was written by the Florida Home Builders Association, and it hopes to have this bill begin a dialog about fairly funding school costs.

WATER

For Water Coalition update and more information on water legislation, click here.

SB 1376 - Creates a 2020 Water Study Commission of varied interests to review all Florida water related laws, including Chapter 163, and provide its report by February 1, 2004. The 17 voting members would have 7 appointed by the Governor, 5 by the House Speaker, and 5 by the Senate President.

SB 1044/HB 279 - This bill hard wires the issuance of consumptive use permits by Water Management Districts to a consistency check with local comprehensive plans and zoning controls.

HB 1069 - This is a comprehensive bill dealing with changes to water policy issues. With respect to growth management, it proposes changes to Chapter 163 that follow on last year's legislation. It would require a new element to local comprehensive plans dealing with water facilities, capacities, and compatibility with regional water supply plans, including a conservation section. In addition, the future land use element would be required to identify available ground and surface water capacities and alternative water supplies. We are working this bill as a member of the Florida Water Coalition, currently composed of Audubon of Florida, FPIRG, LEAF, Clean Water Network, Florida Wildlife Federation, Defenders of Wildlife and the Florida Conservation Alliance.

Constantine/SB 554 (shell) - Legislative intent to revise permitting duties of water management districts

Campbell/SB 156 - Changes Chapter 373, F.S. dealing with water resources, water sales, restrictions on consumptive use permits.