Municipal perspectives on Senate Bill 360, version 2.0.

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

With 2009's SB 360, (1) where a municipality stands depends on where it sits. Florida's 412 municipalities vary by age, size, population, geography, culture, and urbanization. Like a kaleidoscope, the implications of this statute shift as one refocuses the lens. (2) This makes it difficult to generalize about any "municipal" viewpoint, and difficult for municipalities to speak with one voice to the Florida Legislature about growth management legislation. Despite this diversity of circumstance, it is possible to identify common municipal concerns with SB 360. These concerns were substantial enough to motivate the Florida League of Cities (and the Florida Association of Counties) to urge Governor Crist to veto the bill.

Protection of Home Rule

All municipalities have home rule powers under the Florida Constitution (3) and seek to protect those powers from encroachment. The ban on security camera regulation is a clear preemption, as is the requirement that all land use map amendments within a TCEA be deemed to meet roadway level of service standards and the permit extension provision. (4) Such preemptions are objectionable to municipalities because they fail to recognize that municipal governing bodies are closer to the people, and are better situated to determine what is best for their diverse communities than is the Florida Legislature.

The permit extensions are especially challenging because the statutory language is poorly worded and likely to be the subject of litigation. Permit holders who wish to utilize the extensions receive development rights that are unclear because they are not properly documented. Municipalities are left to improvise a method of processing and properly documenting the notifications of extensions, and are exposed to litigation risk from all sides. (5)

The act generally recognizes the home rule authority of local governments in relation to the new transportation concurrency exception areas (TCEAs). However, it is unclear whether the designation of TCEAs in DULA municipalities is preemptive or empowering. (6) While some municipalities eager to overcome specific concurrency problems have opposed the suggestion that they must act to implement the repeal of concurrency, this position allows municipalities the freedom to arrive at the best solution for their situation and assure that it is clearly documented. (7)

Unfunded Mandates

There is also broad municipal agreement that state government should not be placing...