The Future of Florida's Growth (Mis)Managment?

For those interested in Florida's growth management, and considering our current trends we all should be, you need to keep an eye on House Bill 7207.

The following is from our friends at 1000 Friends of Florida, please visit their webpage for even more information.

Some of the most damaging provisions of HB 7207:

HB 7207 significantly speeds up the review process for local comprehensive plans. While growth management advocates supported the concept as described in SB 1122, that bill included a trade-off that gave citizens a reasonable chance to succeed in legal challenges. This standard did not survive in HB 7207, which also removes the ability of the new Division of Community Development (“DCD”) to intervene in these challenges, even when key state resources are at stake.

By eliminating Rule 9J-5, HB 7207 removes a quarter century of legal decisions supporting the rights of communities to address sprawl, urban service boundaries, and other key planning issues. The elimination of Rule 9J-5 also eradicates numerous rulings upholding the rights of citizens to participate meaningfully in their local planning process.

The new legislation also makes it more difficult for citizens to keep up with changes to their local plans. Under previous law, plan amendments were limited to twice a year. Now the local plans can be amended at any time, the new DCD is not required to comment on the amendments, and the amendments go into effect 31 days later unless challenged.

HB 7207 significantly reduces the home rule ability of local governments. It removes their right to require referenda and/or a supermajority vote on key planning issues.

In a state where one in five homes is vacant, HB 7207 removes requirements that developers show the need for new development or that the new development is financially feasible. In an era of rising gas prices, it removes requirements that new development be energy efficient.

HB 7207 also makes it easier for large-scale development to be approved without careful scrutiny. The new process allows for but does not require DCD review or comments for Sector Plans, Rural Land Stewardship Areas, Areas of Critical State Concern, EAR-based amendments, or plans for new communities. If DCA does choose to review these plans, it has only 45 days to comment, no matter the size of the development or community in question.

The legislation also makes substantive changes to a number of these programs. For example, it gives a four-year extension for DRIs, and exempts mining, industrial, hotel/motel and movie theater categories. It also no longer requires DCA approval to establish a Rural Land Stewardship Area.

Some recent media coverage on this issue:

-Time.com -- Florida Loses Its Mind. Again, May 9, 2011
-St. Augustine Record -- Growth bill set to become law, May 8, 2011
-South Florida Sun-Sentinel -- New growth rules could have big impact in South Florida, May 8, 2011.
-Florida Tribune -- Florida's growth management laws overhauled, May 6, 2011
-Miami Herald -- Passage of growth management bill angers environmentalists, May 6, 2011Sarasota Herald-Tribune -- Growth rules rollback goes to Scott, May 6, 2011

-Andrew Miller, Executive Director