Pending legislation undermines local government control – Wetlands, Impact Fees

1000 Friends of Florida
Legislative Update
February 20, 2018 6:21 a.m.

As the Florida Legislature enters the seventh week of the 2018 session, misleading affordable housing legislation is moving forward. Please contact key legislators listed below to express opposition.

Despite many calls, SB 1402 dealing with delegating federal Section 404 wetland permitting to the State of Florida passed the Senate Appropriations Subcommittee on the Environment and Natural Resources last week and is moving forward. 1000 Friends continues to monitor this issue and will let you know when more calls and emails are needed.

1000 Friends opposes “Affordable Housing” bills to restrict funding to offset development impacts

House Bill 987 and Senate Bill 1328 are titled “Affordable Housing” but are poised to undermine local government programs to fund the infrastructure investments that accommodate new development.

Specifically, beginning July 1, 2018, and ending June 30, 2023, SB 1328 would preempt local government from charging a mobility or impact fee for the development or construction of affordable housing. A similar provision has been removed from HB 987. Florida Statutes define affordable housing as housing costing one third of median income.

This preemption would limit local government’s ability to raise funds to pay for the roads, schools, parks and water systems that accommodates new development. More significantly, the Florida Supreme Court has held that exempting certain developments from having to pay this kind of fee can invalidate the fee as applied to other property owners too.

In short, SB 1328 could force Florida taxpayers to pay for the impacts of new growth themselves–or deal with the resulting congestion.

In addition, HB 987 and SB 1328 would revise the criteria that counties and municipalities must use when evaluating real property as part of their inventory for disposal of lands and would require local governments to approve or deny an application for development of affordable housing within 60 days. Any application that a local government did not approve or deny within 60 days would be approved by default.

The Senate Appropriations Subcommittee on Transportation, Tourism, and Economic Development will hear SB 1328 on Wednesday, February 21 at 1:30 PM. Please contact committee members to share your concerns with SB 1328.

Senator Wilton Simpson, Committee Chair
[email protected]
Senator Bobby Powell, Committee Vice Chair
[email protected]
Senator Lizbeth Benacquisto
[email protected]
Senator Rob Bradley
[email protected]
Senator George B. Gainer
[email protected]
Senator Bill Galvano
[email protected]
Senator Audrey Gibson
[email protected]
Senator Kevin J. Rader
[email protected]
Senator Kelli Stargel
[email protected]
Senator Perry E. Thurston, Jr.
[email protected]