House Bill 439 – Land Use and Development Regulations
Here’s a bill to watch in this Legislative Session if you are concerned about the future of development in St. Johns County.
House Bill 439, filed by Representative Stan McClain from District 27 (Ocala)
HB 439: Land Use and Development Regulations
GENERAL BILL by McClain
Land Use and Development Regulations; Revises effect of special magistrate’s recommendation; revises local governmental entity notification requirements; revises types of data that comprehensive plans & plan amendments must be based on; requires local government to submit affidavit for specified purposes; requires that EDR be sole publisher of specified estimates; revises elements that must be included in comprehensive plan; revises frequency at which local government must evaluate its comprehensive plan; prohibits local government from adopting plan amendments when it fails to meet certain requirements; revises exceptions to applicability of land development regulations relating to single-family or two-family dwelling building design elements; requires AG to audit county transportation trust fund.
Drilling into the bill, there are some important changes that would further impact how the local Board of County Commissioners would be able to approve or deny new development in the County.
According to the 1000 Friends of Florida this legislation:
- Eliminates all state planning indicators for “urban sprawl,” instead defining urban sprawl as unplanned development that requires an extension of public facilities by a local government.
- Expands the definition of an “agricultural enclave” from 1,000 residents to 1,000 residential units, in effect allowing major subdivisions in agricultural areas.
- Prohibits the denial of a development order for failure to meet level-of-service standards, meaning that insufficient infrastructure (roads, schools, etc.) could not be the reason a local government denies a rezoning or subdivision plat approval.
- Takes away local government discretion to reject a decision under Florida’s Land Use and Environmental Dispute Resolution Act, commonly referred to as “FLUEDRA.”
Who should pay attention?
Residents who are opposed to rapid growth and development in St. Johns County often complain that the Commissioners aren’t denying applications. They can only deny based on legal grounds. They cannot deny based on the “clamor of the crowd.”
As posted in every St. John County Neighborhood Bill of Rights Notice:
“NOTICE OF PUBLIC HEARING PROCEDURES: During the public hearing, all public comment is welcome, but please be aware that zoning decisions may not be merely based upon citizen “wishes” that are unsubstantiated by any competent facts, i.e. – the “clamor of the crowd” is not a sufficient reason upon which to base a decision, Board of County Commissioners of Brevard County v. Snyder, 627 So.2d 469 (Fla. 1993). However, the Florida courts have clearly held that “fact-based” lay testimony is admissible and may be relied upon as follows: “citizen testimony in a zoning matter is perfectly permissible and constitutes substantial competent evidence, so long as it is fact-based. Mere generalized statements of opposition are to be disregarded, but fact-based testimony is not.” Metropolitan Dade County v. Blumenthal, 675 So.2d 598 (Fla. 3d DCA 1995).”
House Bill 439 further erodes the legal justification for denying a new development by local governments. This is just one example of why it’s important to pay attention to what is happening in Tallahassee.
Current Status:
This bill has been referred to the following committees:
- Local Administration, Federal Affairs & Special Districts Subcommittee
- Commerce Committee
- State Affairs Committee
It is now in the Local Administration, Federal Affairs & Special Districts Subcommittee
Beth Tate 