Florida League of Cities

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Florida League of Cities
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DOING A 180 ON 360

• Recent Changes In Growth Management
• Upcoming Growth Management Issues

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PREAMBLE TO THE 2009 SESSION

• Mandatory Comprehensive Planning- 1985
• Sales tax on Services Funding Infrastructure
• Flex put in on Transportation Concurrency
• Additional Water and School Planning- 2002
• Long Range Water Supply Plans/Comp Plans
• Interlocal School Agreements

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2009 Preamble continued

• SB 360 (2005) Hard Edge on Concurrency
• Mandatory School Concurrency
• Financially Feasible Capital Improvements
  Elements
• Permit to Contract 3 Years
• Stricter Requirements on Transportation
  Concurrency Flex Options

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2009 Preamble continued

• Experiments
• Pilot project for alternative state review
• Rural Land Stewardship
• Sector Planning
• DCA Sunset Review
• THE ECONOMY

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Primary Legislative Issues

• Regulatory Relief
• Concurrency
• School
• Transportation
• Deadline Relief
• Speed and Scope of Review
• Permit Extensions

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IN THE ENDSON of 360 (2009)

• FOCUS ON ENCOURAGING URBAN INFILL
• TRANSPORTATION CONCURRENCY EXCEPTIONS
• DRI REQUIREMENTS REMOVED
• ALTERNATIVE STATE REVIEW

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DENSE URBAN LAND AREAS (DULAs)

• Counties- Minimum Population of 1 Million OR
  Average of at least 1,000 persons per Sq. Mile
  AND the municipalities within them
• Cities- Minimum 1,000 persons per Square Mile
  AND total population of 5,000 or more

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What Does it Mean to be a DULA?

• IF YOUR LOCAL GOVERNMENT IS
• A Municipality that is a DULA, or
• A County that is a DULA AND has Urban Service
  Area(s) adopted in its Comp Plan, or
• A County of at least 900,000 population which is
  a DULA and does not have an Urban Service Area
• THEN THOSE AREAS ARE
• Transportation Concurrency Exception Areas (TCEA)
• Exempt From DRI Review

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IMPLEMENTATION ISSUE 1

• What is the status of Municipalities within a
  County that qualifies as a DULA but do not
  themselves meet the threshold for a DULA?
• If the City is in a County that qualifies as a
  DULA then the City is a TCEA and Development in
  it is exempt from DRI.

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IMPLEMENTATION ISSUE 2

• WHAT DOES IT MEAN TO HAVE A STATUTORY TCEA?
• SB 360 EXPRESSLY DOES NOT LIMIT HOME RULE
  AUTHORITY TO ADOPT ORDINANCES AND FEES
• DCA INTERPRETATION
• Until a Local Government effectively amends its
  Comprehensive Plan, existing Transportation
  Concurrency provisions continue to apply in
  TCEAs as a matter of local law

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Implementation Issue 2 (continued)

• DCA will no longer review Plan Amendments in
  TCEAs for compliance with State-mandated
  Transportation Concurrency requirements
• DCA will review Plan Amendments in TCEAs for
  compliance with all Non-Transportation
  Concurrency planning requirements
• Plan amendments in a TCEA are deemed to meet
  statutory requirements to achieve and maintain
  level of service standards for transportation

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Additional Transportation Concurrency and DRI
Exemptions

• The ability for Cities and Counties that are not
  DULAs to designate TCEAs is simplified and a DRI
  Exemption added for these areas
• Counties
• Urban Infill (163.3164), Urban infill and
  Redevelopment (163.2517)
• Urban Service Area (163.3164)
• Cities
• All of the above and CRAs (163.340), Downtown
  Revitalization Areas (163.3164), and inside Urban
  Service Boundary (163.3177)
• RACEC and Qualified Job Creation Projects- Local
  Government may waive Transportation Concurrency

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New Definition of Urban Service Area

• Built-up areas where public facilities and
  services are in place or committed in the first 3
  years of the capital improvements schedule
• Built up not defined. DCA has indicated it
  will look for dense land use cover
• DCA will look for Revenues available or currently
  committed funding sources to fund the costs of
  the facility.

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Non-DULAs designation of TCEA or DRI Exemption

• Designation by Comprehensive Plan Amendment
• May be done by Streamlined Review
• May be done outside the 2x/ year limit

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NEW PLANNING REQUIREMENTS

• Within 2 years, both statutory TCEAs and non-DULA
  TCEAs must adopt land use and transportation
  strategies to support and fund mobility in the
  TCEA
• Strategies must include alternative modes of
  transportation
• Failure may cause DCA to report to the
  Administration Commission which may impose
  sanctions
• For TCEAs which dont qualify for new provisions,
  modified requirements

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What about existing DRIs and Development
Agreements?

• Legislation specifically preserves existing
  contracts and agreements
• Except,
• DRIs can rescind their development orders as long
  as they have completed mitigation for the
  development permitted

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Whats on the Horizon?

• Mobility Fees!
• Two ongoing studies- DCA and DOT
• Joint report to the Legislature by December 1,
  2009
• Must include proposed legislation and a plan for
  implementation
• Ongoing Task Force of Stakeholders

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Local Government Relief

• Capital Improvement Elements-
• Will not be judged by financial feasibility
  requirements until December 1, 2011
• School Concurrency-
• Eliminates the penalty for failure to meet the
  deadlines for adopting School Concurrency
  (prohibiting further plan amendments), but DCA
  can seek sanctions from Governor and Cabinet

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Is that All?

• Permit Extensions- In recognition of Market
  Conditions, a range of state and local permits
  are extended by statute
• DEP and WMD permits under Part IV of Chapter 373
  with an expiration date of 9/1/2008 thru 1/1/2012
• Any local government issued development order or
  building permit
• Build out dates and extensions for DRIs
• Permit Holder Must Notify the Permit Issuer by
  12/31/2009

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Is that All? Continued

• Requires a local government to consider rezonings
  related to a comp plan amendment concurrently,
  contingent upon effective date of plan amendment
• Requires that local ordinances maintain the
  density of existing residential and RV parks if
  outside of CHHZ, and infrastructure supports
• No mandatory security camera requirements in
  ordinances

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Next Session

• Mobility Fees
• Impact Fees- Senate Issue Brief Due 9/15/09
• Population Need as a Criteria for Changes to a
  Local Government's Future Land Use Map- Senate
  Issue Brief Due 10/1/ 09)
• Sunset Review of the Department of Community
  Affairs- Senate Issue Brief Due 12/1/09)
• Anticipation of Hometown Democracy

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DCA Rulemaking and Policy Trends

• Rural Land Stewardship
• Energy bill Implementation
• Alternative State Review Pilot Program

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THANK YOU!
Cari Roth croth_at_bmolaw.com (850)
222-8611 www.bmolaw.com