Introduction to perspectives on the 2009 growth management legislation.

• Author: Trevarthen, Susan L.
• Position: Florida

Known as the "Community Renewal Act," Senate Bill 360 (1) was signed into law by Governor Charlie Crist on June 1, 2009. This bill is a major change to Florida growth management law and, as such, deserves careful review.

Two sections of The Florida Bar--City, County and Local Government Law and Environmental and Land Use Law--have collaborated to inform Florida attorneys of its key provisions and provide perspectives on the implications not only of this bill, but also of additional legislative changes that are likely to be considered during the 2010 session. The sections solicited leading attorneys to provide development (Wade Hopping and Cari Roth), third party (Richard Grosso), and local government (Vivien Monaco and Susan Trevarthen) perspectives on the bill.

Summary of Senate Bill 360

Before these perspectives, though, this feature will first provide a very brief summary of the bill's provisions. (2) The act recedes from some of the requirements of the 2005 growth management legislation, while creating exemptions from state-mandated transportation concurrency mandates and all development of regional impact (DRI) review for "dense urban land areas" (DULAs) that contain the majority of the state's population in an effort to spur economic development. While the act contemplates the future creation of a statewide mobility fee, there is no guarantee that one will be adopted by a future legislature and no certainty as to its methodology or components. The act also provides for extensions of certain permits for two years.

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Specifically, the act contains the following:

* Permit Extensions: The act extends Department of Environmental Protection and Water Management District permits with expiration dates from September 1, 2008, through January 1, 2012; DRI build-out dates and deadlines to start and finish mitigation associated with phased projects; and related local development order and building permits, for two years. (3)

* Definitions: The term "existing urban service area" is renamed as "urban service area" and expanded. (4) The term "dense urban land area" or "DULA" is added and defined. (5)

* Transportation Concurrency Exception Areas (TCEAs): The act creates TCEAs for municipalities that are DULAs, urban service areas, and large counties that are DULAs but do not have urban service areas (except Miami-Dade and Broward counties). (6) The act's designation of a TCEA "does not limit a local government's home rule power...