Category: Florida Legislature

Posted in BOCC, Florida Legislature, St. Johns County, Transportation

St. Johns County Transportation Summit

Posted on by Beth Tate

Summary of the March 3 Workshop

On Friday, March 3, the County Commissioners hosted a Transportation Summit at the County Auditorium. In attendance were:

  • Our County Commissioners, Sarah Arnold, Christian Whitehurst, Krista Joseph, Roy Alaimo, and Henry Dean
  • US Representative John Rutherford
  • State Representatives Cyndi Stevenson
  • State Senator Travis Hutson
  • FDOT District 2 Representative Jim Knight

This was a “workshop” with no time granted for public comment.

A presentation was provided by County Engineer Dick D’Souza highlighting projects in the county and some of the main areas of traffic concern. Ironically, Representative Stevenson was a few minutes late to the meeting because of heavy traffic. She noted, if she had been going north to catch a flight, she would have missed her flight!

The presentation from Mr. D’Souza is available on the County website at this link:

Transportation Infrastructure

Some highlights of interest:

  • Prioritization of projects that will connect to the Strategic Intermodal System
  • Widening of County Road 210, Greenbriar Road to Cimmarone Blvd. – funded with local, developer and federal funds – currently in the Design Build phase
  • Longleaf Pine Parkway widening to 4 lanes – Developer funded, Construction start in 2023
  • Veterans Parkway – widen from Longleaf Pine to Greenbrier Road, including construction of new 4 lane roadway from Longleaf Pine Parkway to CR 210 – Developer funded, Construction started in 2021
  • Old Moultrie Road – Dino Road, SR 312 to Lewis Point Road – Local and Developer Funds, Construction start 2023. Includes new bicycle lanes and sidewalks

Partnership projects include:

  • I-95 Widening project
  • First Coast Expressway
  • County Road 2209
  • A1A Intersection improvements
  • State Road 16 and International Golf Parkway intersection

Other noted projects:

St. Johns Safe Rail Project is intended to address concerns at US 1 and CR 210. The conceptual design would close the intersection fo Alt CR 210 and US1 and construct a westbound bridge over US1 and access ramps from County Road 210 to US 1.

Country Road 2209 – from Silverleaf Parkway to State Road 16. This project would complete the upper section of north-south 2209 and link with SR 16 to provide a seamless rout to 9B and Race Track Road. It would connect the regional workforce to a 700,000 SF commercial and innovation hub expected to provide more than 1,200 jobs in the county.

Multimodal & Safety Improvements under review include the Pine Island Road at US 1 intersection. Very recently the site of another traffic fatality that resulted in an extensive traffic back-up across CR 210, this is a high priority for the County. The project includes complete reconstruction of the intersection, signalization and a multi-use trail-head. St. Johns County has made an urgent $2 million legislative request to fund this project.

Multi-Use trails are requested including Nocatee trail extension to A1A, St. Johns River to the Intercoastal, and the North-South Connector to SR 207.

Be sure to check the link above for the presentations behind the data!

Posted in BOCC, Florida Legislature, Growth & Development, St. Johns County

Florida Legislative Bills I Am Watching

Posted on by Beth Tate

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

Local Administration Subcommittee

Posted in Florida Legislature, Politics, St. Johns County

Home Rule, Again?

Posted on by Beth Tate

The 2023 Version of Local Preemption Bills

Here We Go Again

In 2022, Senate Bill 620 was the big bear looming over local governments as it took away the ability of local municipalities to pass ordinances in the best interests of ALL local residents. This bill cast a blanket view that all counties and local governments in the State of Florida have the same needs.

Governor DeSantis vetoed this bill in June of 2022 because of its “broad and ambiguous” nature; something raised by many opponents as it made its way through the Legislature last year.

Governor DeSantis SB 620 Veto Letter

The Governor did suggest that if the bill were fine-tuned and included targeted preemption, when local governments undermined State policy or the rights of Floridians, he would be in favor

And that brings us to the 2023 Legislative session and Senate Bill 170,

Local Ordinances; Authorizing courts to assess and award
reasonable attorney fees and costs and damages in certain civil actions filed
against local governments; requiring a board of county commissioners to prepare or cause to be prepared a business impact estimate before the enactment of a proposed ordinance; requiring a county to suspend enforcement of an ordinance that is the subject of a certain legal action if certain conditions are met; requiring a governing body of a municipality to prepare or cause to be prepared a business impact estimate before the enactment of a proposed ordinance, etc.

 Residents of Florida should be paying attention to this bill and what it will cost local governments. The bill mandates a business impact statement to be filed before any ordinance can be adopted by a county or city.

Here in St. Johns County, that means the City of St. Augustine, City of St. Augustine Beach, and the County would need staff to review and prepare that business impact statement before every ordinance they consider. Our local governments are already stretched to meet current needs. This bill would add labor costs that then flow back to taxpayers as the budget would need to be increased to accommodate the additional workload. Even the Legislative Analysis says the financial impact is “indeterminate.”

What’s good for the goose is good for the gander

A full cost analysis and business impact analysis should be performed on this bill before it is passed!

Cause and Effect

If SB 170 is passed, one individual or business plaintiff could object to a local ordinance and then sue the local municipality, thus stopping the ordinance completely. If the plaintiff prevails, the attorney fees,
costs and damages would be borne by the local government; that means us taxpayers would foot the bill.

How might that play out? Let’s consider a local ordinance now being reviewed by St. Johns County. This local ordinance would raise the minimum cost of Affordable Workforce Housing from $240,000 to $260,000. What if a local business owner decided that was negatively impacting his business and ability to hire workers? He could sue the county and stop the ordinance in its tracks while it makes its way through the courts.

St. Johns County is not like Hillsborough County or Broward County or even Duval County. Local governments need to be able to pass local ordinances that are suited to local resident’s needs.

The next stop for this bill is the Senate Rules Committee. I expect it will sail through there just as SB 620 did in 2022. And this year, with the revisions based on feedback from Governor DeSantis in 2022, it is more likely to be signed.

If you are concerned about this local preemption bill, you can:

Read more about it here:

Florida Bill 170

Contact our St. Johns County Legislators Here:

Contact the Rules Committee at the email addresses in this link:

Rules Committee

 

 

 

 

 

Posted in Florida Legislature, Politics

Update on The Florida Special Legislative Session

Posted on by Beth Tate

What happened in the past week

The Special Session has come to an end with final resolution on all bills filed last week.

Here’s the quick version.

Emergency Response Bill

HB 1B/SB 2B – Creates Local Government Emergency Bridge Loan Program within DEO, subject to appropriation; provides program’s purpose; specifies program eligibility requirements; authorizes DEO to provide interest-free loans to eligible local governments through specified means; provides for expiration of program; provides appropriations.

Current Status

This Bill has been signed and presented to the Governor. This replenishes the Emergency fund with another $700 Million for much needed emergency relief for Floridians affected by natural disasters, particularly Hurricanes Ian and Nicole in 2022. Florida Residents on the west coast are still recovering from the devastation of these two storms.

Statewide Prosecutor

HB 3B/SB 4B – Statewide Prosecutor Specifying that certain crimes facilitated by or connected to the use of the Internet occur in every judicial circuit within the state; authorizing the Office of Statewide Prosecution to investigate and prosecute crimes involving voting in an election for a federal or state office, voting in an election on a referendum, an initiative, or an issue, the petition activities for a federal or state office, the petition activities for a referendum, an initiative, or an issue, or voter registration, etc.

Current Status

This bill is also headed to the Governor’s office for signature. The impact of this bill is to allow the State Attorney General’s office to establish an office to prosecute election related crimes.

Transportation of inspected Unauthorized Aliens

HB 5B/SB 6B – Transportation of Inspected Unauthorized Aliens; Creating the Unauthorized Alien Transport Program within the Division of Emergency Management to facilitate the transport of inspected unauthorized aliens within the United States; authorizing the division to contract for services to implement the program; authorizing the division to adopt rules to implement the program; providing for future expiration, etc. APPROPRIATION: $10,000,000

Current Status

Also passed and on its way to the Governor for signature is SB 6B, allowing Florida taxpayers to fund transportation of unauthorized aliens from anywhere in the United States to another state. This modifies previous legislation that funded transport only from the State of Florida.

Intercollegiate Athlete Compensation and Rights

HB7B/SB 8B – Revising requirements for athlete agents representing intercollegiate athletes for certain purposes; deleting requirements regarding the compensation that intercollegiate athletes may receive; deleting certain requirements for postsecondary educational institutions whose intercollegiate athletes seek to earn compensation or to have professional representation; requiring a postsecondary educational institution to conduct at least two financial literacy, life skills, and entrepreneurship workshops under certain conditions, etc.

Current Status

Also, on its way to the Governor is the bill on Intercollegiate Athlete Compensation and Rights. This is largely viewed as a bill that will keep Florida Universities competitive in attracting athletes to play here.

In the House – Local Bills only

9B – Reedy Creek Improvement District, Orange, and Osceola Counties

Reenacting, amending & repealing chapter 67-764, Laws of Florida, relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; renames district; provides boundaries; revises manner of selection of board of supervisors; provides term limits; revises board member compensation; revises powers of board; revises powers of district; provides for transition; provides for continued effect of stipulation between district & Orange County; provides exception to general law.

Current Status

Looks like The Reedy Creek Improvement District may soon become the Central Florida Tourism Oversight District. With the Governor’s expected signature, the newly named district will have a Board of Directors appointed by the Florida Governor.

11B – Sunshine Water Control District, Broward County

Codifying, reenacting, amending & repealing district charter; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; removes chapters 63-609 & 2021-255, Laws of Florida, relating to district; provides exception to general law.

Current Status

On to the Governor for signature

13B – Eastpoint Water and Sewer District, Frankly County

Reenacts, amends, & repeals special act relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; revises definitions; removes separate positions of board secretary & board treasurer; creates position of board secretary-treasurer; removes chapter 67-1399, Laws of Florida, relating to district; provides exception to general law.

Current Status

On to the Governor for signature

In the House

15B – Insurance

Creates Property Insurance Commission; provides for election of Commissioner of Insurance Regulation; revises homeowners’ eligibility criteria for mitigation grants; requires interests earned on insurance proceeds received by mortgagees & assignees to be paid to insureds; requires property insurers to cap premiums or to create sliding fee scales for premium rates; prohibits property insurers from using certain defenses as claims denials; revises requirements for risk assignment agreements; requires OPPAGA to conduct study of effectiveness of property insurance mediation program; increases appropriation to specified program.

17B – Eligibility for Medical Assistance and Related Services

Extends Medicaid eligibility to specified adults.

Current Status

Both Bills were refused to be introduced

Posted in Florida Legislature, Insurance, Politics

What’s in the 2nd Florida Special Session?

Posted on by Beth Tate

What I’m Watching This Week

What’s in the Special Session?

The bills have been filed and here’s what we are watching this week and next.

In the House and Senate:

Emergency Response Bill

HB 1B/SB 2B – Creates Local Government Emergency Bridge Loan Program within DEO, subject to appropriation; provides program’s purpose; specifies program eligibility requirements; authorizes DEO to provide interest-free loans to eligible local governments through specified means; provides for expiration of program; provides appropriations.

Statewide Prosecutor

HB 3B/SB 4B – Statewide Prosecutor Specifying that certain crimes facilitated by or connected to the use of the Internet occur in every judicial circuit within the state; authorizing the Office of Statewide Prosecution to investigate and prosecute crimes involving voting in an election for a federal or state office, voting in an election on a referendum, an initiative, or an issue, the petition activities for a federal or state office, the petition activities for a referendum, an initiative, or an issue, or voter registration, etc.

Transportation of inspected Unauthorized Aliens

HB 5B/SB 6B – Transportation of Inspected Unauthorized Aliens; Creating the Unauthorized Alien Transport Program within the Division of Emergency Management to facilitate the transport of inspected unauthorized aliens within the United States; authorizing the division to contract for services to implement the program; authorizing the division to adopt rules to implement the program; providing for future expiration, etc. APPROPRIATION: $10,000,000

Intercollegiate Athlete Compensation and Rights

HB7B/SB 8B – Revising requirements for athlete agents representing intercollegiate athletes for certain purposes; deleting requirements regarding the compensation that intercollegiate athletes may receive; deleting certain requirements for postsecondary educational institutions whose intercollegiate athletes seek to earn compensation or to have professional representation; requiring a postsecondary educational institution to conduct at least two financial literacy, life skills, and entrepreneurship workshops under certain conditions, etc.

In the House – Local Bills only

9B – Reedy Creek Improvement District, Orange, and Osceola Counties

Reenacting, amending & repealing chapter 67-764, Laws of Florida, relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; renames district; provides boundaries; revises manner of selection of board of supervisors; provides term limits; revises board member compensation; revises powers of board; revises powers of district; provides for transition; provides for continued effect of stipulation between district & Orange County; provides exception to general law.

11B – Sunshine Water Control District, Broward County

Codifying, reenacting, amending & repealing district charter; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; removes chapters 63-609 & 2021-255, Laws of Florida, relating to district; provides exception to general law.

13B – Eastpoint Water and Sewer District, Frankly County

Reenacts, amends, & repeals special act relating to district; provides for continuation of authority for revenue collection & powers to meet outstanding obligations; revises definitions; removes separate positions of board secretary & board treasurer; creates position of board secretary-treasurer; removes chapter 67-1399, Laws of Florida, relating to district; provides exception to general law.

In the House – No Senate Companion Bill

15B – Insurance

Creates Property Insurance Commission; provides for election of Commissioner of Insurance Regulation; revises homeowners’ eligibility criteria for mitigation grants; requires interests earned on insurance proceeds received by mortgagees & assignees to be paid to insureds; requires property insurers to cap premiums or to create sliding fee scales for premium rates; prohibits property insurers from using certain defenses as claims denials; revises requirements for risk assignment agreements; requires OPPAGA to conduct study of effectiveness of property insurance mediation program; increases appropriation to specified program.

17B – Eligibility for Medical Assistance and Related Services

Extends Medicaid eligibility to specified adults.