Florida easing government oversight on developers. Bill will give developers free rein.

[madfloridian]

even as properties are sitting vacant and in foreclosure. Over 64,000 properties are in foreclosure, but the state is going to make it easier for developers to add more buildings with fewer restrictions.

I never quit being amazed by my state, and I have learned never to underestimate the power that land developers hold over us.

Bill to Ease Rules on Development Divides Floridians

I don't see much division on it. I have seen no one who thinks it is okay. People are angry because the restrictions are being loosened more.

MIAMI — More than 300,000 residential units sit empty across Florida, 64,588 properties were in foreclosure last month, second only to Nevada, and real estate prices are still plummeting.

Nonetheless, state lawmakers are making it easier for developers to add even more.

Gov. Charlie Crist now has a bill on his desk, which he said Wednesday he “probably will” sign, that would ease government oversight and exempt many areas from a requirement that says builders must pay for road improvements if traffic generated by their projects exceeds the local capacity.

Supporters of the measure — which passed the Republican-controlled Legislature with a wide majority — say it would streamline the permitting process, concentrate development in cities and add construction jobs. Environmentalists describe it as a gift to builders that would make Florida even more vulnerable to the boom-bust real estate cycles that have already shriveled residents’ incomes and dreams.

This is going to be a disaster. The developers already have too much control over this state.

More than a dozen groups, including the Florida Association of Counties and Audubon of Florida, are demanding that Governor Crist, a Republican, veto the bill. Their opposition focuses mainly on one formula: 1,000 people per square mile. This is the bill’s definition of urban.

In communities that fit that description, developers would no longer have to pay if local roads could not handle the impact of their projects. The law would also let individual municipalities or counties designate areas for large-scale development — an outlet mall, a sprawling subdivision — without being subject to regional planning boards that currently analyze how such plans would affect communities nearby.

The legislature essentially gutted any growth management in this state, and Charlie is going to sigh it.

Developers dancing in the streets.

As one of my favorite columnists said:

If you think Florida's best answer to the economy is to open our state to developers wider than we have in decades …Then you're in luck, because a growth bill passed by the state House on Wednesday does those things. This is probably the biggest thing the Legislature will pass in 2009.

If, on the other hand, you remember that Florida choked on wild, sprawling construction from World War II until the 1980s … That it wasn't until the Growth Management Act of 1985 that we finally lifted a finger to require the roads, schools, water and other services to build a decent state …Then you should be horrified.

What the state House did Wednesday was essentially to gut the Growth Management Act for big chunks of the state.

Big cities and counties could allow growth without worrying about whether roads and other services can handle it. Small counties would be laid open to entire "new towns" of big development without the usual review.

The name of this bill, the House's revised version of Senate Bill 360, is ironically titled the "Community Renewal Act." It would be better titled the "Katie Bar the Door and Strip Mall Act of 2009."

This is an example of what happens in a state completely controlled by Jeb Bush and Marco Rubio Republicans.

[madfloridian]

1. This seems even more odd as the insurance companies are dropping homeowners.

Still no word about what State Farm will do. Looks like they will be allowed to raise rates as high as they want now if they do stay.

This is not good.

[madfloridian]

2. Kick before archiving.

.

[gratuitous]

3. Apparently this is just what Floridians want

Because otherwise, don't you think, that someone would vote some of these tools out of office? The legislature is still controlled by Republicans? Hell, even states like Kansas are sampling the other side of the aisle from time to time. But they apparently like their corruption and their Republicans in Florida.

[madfloridian]

4. Actually I think the gerrymandered districts will prevent voting many out.

I do feel Floridians enabled these fools, and now they can not get rid of them.

[dmr]

5. This is totally insane

to actually take away the power of the people to be able to decide what is best for their communities via their local government.

Your link is the NY Times, how is this playing in the local media throughout the state? Are they doing their jobs to inform the public that they are going to lose control?

Between this and Eminent Domain - soon Americans will have no rights.

You cannot trust builders/developers. This became very apparent after Hurricane Andrew.

[madfloridian]

6. I have seen a couple of articles, but not that many.

Several the last few weeks, mostly op eds.

[csziggy]

7. Gary Fineout who wrote that article is a Tallahassee local

He worked for the Tallahassee Democrat, Miami Herald and other papers. Used to head the Capital News Bureau. Now it seems he is on his own with his own blog: http://findout.typepad.com/the_fine_print/ He was a pretty decent reporter and seemed to be pretty fair.

Bad news - Crist signed the thing, and more:

Crist signs economic-development bills into law
By Jim Ash • Florida Capital Bureau Chief • May 21, 2009

Beginning a whirlwind tour of the state a week after he announced his U.S. Senate campaign, Gov. Charlie Crist signed three economic development bills at the Capitol on Thursday, saying he was striking a blow for recession-weary Floridians.

"It's been my goal to make Florida as business-friendly as possible," Crist said.

<SNIP>
One of the measures (HB 227) makes it easier for developers to challenge impact fees charged by local governments. Instead of proving that the need for the fee was "fairly debatable," local officials would have to defend it with a "preponderance of evidence."

<SNIP>
The second bill (HB 7031) includes an incentive that gives non-residents who buy a boat in Florida twice the time, 180 days instead of 90, to avoid user fees.

<SNIP>
The third bill (HB 485) would give corporations a $17 million tax break beginning in 2011, and $20 million for each of the following four years, for investing in low-income neighborhoods.

Tied to a federal tax-incentive program, the move will create 1,600 jobs in the first year and 2,900 a year by the 10th year, Crist said.
http://www.tallahassee.com/article/20090521/CAPITOLNEWS/90521004/

[madfloridian]

8. The reframing begins. Impact fees bad, developers have level playing field, so to speak.

Apparently Crist signed the bill, but this article and others I have seen sure do change the narrative.
That's how it's done, making it sound okay.

Fees down, incentives up: Crist signs economic aid bills

At first I did not recognize the same bill I posted about in the OP. It's amazing.

TALLAHASSEE - Gov. Charlie Crist signed new laws Thursday intended to boost Florida's economy, including measures to reduce impact fees on new development and provide tax incentives for businesses to locate in low-income communities. Crist, also a Republican candidate for the U.S. Senate, signed three of the bills in Tallahassee before flying across the state to promote the legislation in St. Augustine, Naples and Ocala, where he planned to sign a fourth bill authorizing a local enterprise zone.

"We need to do this for the people of Florida; they are struggling," Crist said.

State economists say the impact fee law (HB 227) is expected to cost city and county governments, but they are unsure exactly how much. It puts the burden on local governments to prove their fees meet all requirements of state law and legal precedents.

Impact fees are assessed on new construction to pay for new infrastructure such as drainage and roads required by development.

It's been almost impossible for developers and property owners to win challenges against impact fees under the previous state law that directed judges to lean in favor of upholding them. The new law will make it easier to win challenges by removing that provision.

What that means is that cities and counties are put on the defensive against developers, and the developers now have the upper hand.

Doing away with these impact fees will have an impact on education, roads, and services.

The language changed overnight.

[madfloridian]

9. Local government officials alarmed....Miami Herald

http://www.miamitodaynews.com/news/090521/story6.shtml

"New state legislation relaxing growth management requirements has thrilled developers and alarmed Miami-Dade's local government officials.

Developers are heralding the measures as catalysts for economic recovery and job creation.

Meanwhile, some local government officials are rallying for the governor to veto the legislation they say threatens community planning and viability."

Crist signed it and it does threaten community planning in a huge way.

[madrchsod]

10. republicans in your state are completely insane

they live in a world that no longer exists. who can afford to move to florida to retire? who can afford to move to florida if they can not afford property insurance. why would one buy property knowing that anytime the state will take it to reward a developer.

[madfloridian]

11. I am inclined to agree with you.

All the empty developments, and they are pushing to build more without any oversight?

I agree.

[madeline_con]

14. Why does everybody feel they need to move here at all?!

Every corner has a new bank, gas station, and another chicken wire and stucco "development" is being built every week. Stay home! Fuck up your own state!

[Lorien]

12. Florida is OWNED by developers. They have every Repug and Dem under their

thumbs.

If we were really serious about saving the economy and the environment we would put a moratorium on new development and give out tax incentive to renovate existing structures. You could keep builders busy while reducing the number of vacant and unsold structures. New developments only hurt the sales of existing developments. The urban sprawl is already well out of control and the overgrown properties awaiting sale are reducing neighborhood home values. Come on Crist; grow up already! Use a LITTLE common sense!

[stingingstick]

13. We can still stop SB 360

Just to clear up some of the confusion here, Gov. Crist has not yet signed SB 360. He apparently was going to sign it a couple days ago, when he signed three other developer giveaways, but something has made him reconsider SB 360, which has been called the developers' biggest prize. News reports indicate that that "something" was a deluge of calls and e-mails from Floridians concerned about turning the clock back on the state's growth management laws. Since then, SB 360 has been all over the op-ed pages in the state's papers. A few examples:

http://www.gainesville.com/article/20090522/NEWS/905229984/-1/OPINION?Title=Dan-Waite-It-s-not-smart-growth-
http://www.tampabay.com/news/politics/legislature/article1003741.ece
http://www.palmbeachpost.com/opinion/content/opinion/epaper/2009/05/21/a12a_engelhardtcol_0521.html

State Sen. Mike Bennett, who's certainly earned his contributions from developers this year, has also been making the rounds of the papers with this editorial:

http://www.news-press.com/article/20090522/OPINION/905220363/1015

Right now this could go either way. Chances are still very good that the Governor will sign SB-360 if the public loses interest, so if you live in Florida, please contact Gov. Crist to urge him to veto this bill. His contact info is here: http://www.flgov.com/contact_governor

And if you're, well, short on time, you can send him a template e-mail from Audubon: http://audubonaction.org/campaign/urge_gov_crist_to_veto_sb360

Thanks!

--Hank

[madfloridian]

15. Thanks, checking your links out now. The media is not covering this well at all.

There are several Central Florida large real estate developments that could take off again if this goes through.

I worry about the drain on our water supply if they keep building without planning.

Welcome to DU.

[stingingstick]

17. Another bad bill we can stop

Thanks for the welcome, madfloridian. Ray Judah, a Lee County commissioner, just had another good op-ed published against SB-360: http://www.news-press.com/article/20090524/OPINION/90523027/1015

By the way, speaking of drains on our water supply, the Governor also hasn't yet signed SB 2080, another well-intentioned bill that got corrupted by amendments (the sponsor of the bill says he wasn't even aware of the last-minute amendment that essentially takes away public comment on water permits!):
http://www.beacononlinenews.com/news/daily/1778

So I urge all Floridians to contact Gov. Crist about that bill, too. Again, if you're pressed on time, even sending a template e-mail is better than nothing:
http://www.change.org/actions/view/urge_floridas_governor_crist_to_veto_sb_2080

[madeline_con]

16. Thanks for the info and links!

[spanone]

18. ain't gubmint grand?

:sarcasm: :shrug:

[Karmadillo]

19. There's oversight of developers in Florida?

nt

[mia]

20. The developers who bought land just inside the urban boundary

will be able to cover their losses now. The "...running out of land." spin fueled the housing bubble here in South Florida. Back in the "Hold the Line" days, the developers were trying to reach into the Everglades. They'll probably be successful the next time they try.

http://www.udbline.com/articles/miami_herald/14feb05.htm

[Liberal_in_LA]

21. Isn't Florida already choking with unsold condos?

[mia]

22. Over 20,000 units are up for sale (with realtors) in the Miami area.

This number doesn't account for all who are in or going into foreclosure status or for those going the "for sale by owner route". Where I live, 2 out of 9 owners are already in foreclosure.


"South Florida Residential Inventory Drops 1.1% In Week To 86,000"

Condos and townhouse for sale in South Florida number 51,581.
Miami Dade County has 20,574 units for sale as of mid-May.

http://condovultures.featuredblog.com/?p=128

[Liberal_in_LA]

25. wow. sounds awful.

[XemaSab]

23. Developers are evil

n/t

[Raineyb]

24. Pardon my ignorance madloridian

but isn't Florida suffering from a glut of housing as it is? Why exactly would they need more development? And it is my understanding that the mass transit situation is practically nonexistent so you'd need more roads for even more cars assuming these developments were actually filled which given the current economy is a farcical notion. Am I missing something or is your state governed by the insane?

[stingingstick]

26. What housing glut?

Yes, you've hit the nail on the head, Raineyb. I just made a video discussing the housing glut and putting a face on some of the "dense urban areas" that the bill will essentially subsidize development on: http://www.youtube.com/watch?v=01EhpYxih_o

Again, anybody who lives in Florida, please take time to call or write Governor Crist Tuesday to ask him to veto this bill. The developers have a lot of pressure on him, and all we can do is make our voices heard. When the phones stop ringing, we lose.

http://www.flgov.com/contact_governor

[sakabatou]

27. Fla fucks its citizens once again