Posted in Affordable Housing, Essential Worker Housing, Growth & Development, St. Johns County

Summary of the St. Johns County February 21 Board of Commissioners Meeting

Last week’s Commissioner’s Meeting was a long day! Here are some of the highlights that may be of interest to the community.

Consent Agenda Items of Interest

Item #3 on the Consent Agenda is of interest to residents in the Northwest Sector.

This item was to approve the assignment of the Greenbriar Helow Development Agreement. Kevin Kramer of BTI Partners, one of the developers of the Greenbriar Helow project, spoke to the Commissioners. This marks the first payment to the county of $19 Million for the widening of 4 miles of Longleaf Pine Parkway. Commissioner Whitehurst highlighted that this project impacts his district and that the Commissioners did take a chance when they approved Greenbriar Helow in November. He is pleased to see the developer following through on the commitment. Coupled with Item 10 on the Consent Agenda, the county will now initiate the entire project for widening Longleaf Pine Parkway to four lanes from Veteran Parkway to Greenbriar Road. Construction is anticipated to begin within 60 days and take 18 months to complete.

Regular Agenda Items of Interest

Agenda Item 1 – Presentation of the St. Johns County Surplus and OPEB Investment Portfolios

The St. Johns County Board of County Commissioners Investment Policy, Section XVII Reporting, and OPEB Trust Investment Policy, Section XV, requires the Clerk, or designee, to prepare and submit a written report annually on all invested funds to the Board. Included in the report shall be a complete list of all invested funds, the name or type of security in which the funds are invested, the amount invested, the maturity date, earned income, the book value, the market value and the yield on each investment. PFM Asset Management, LLC, is the County’s investment advisor and has prepared the annual reports for the quarter ended September 30, 2022.

Presentation can be found at this link: Agenda Item 1

After the presentation of the Investment portfolios, questions were raised in public comment about funds that appear to be available to be spent on road projects. It was explained that these funds are held in reserve for specific projects and cannot just be reallocated.

Agenda Item 2 – Amendment to the Concurrency and Impact Fee Credit Agreement for Grand Oaks PUD revising required transportation mitigation and road impact fee credit amounts. Details below:

“Southeast Development Partners, LLC (Applicant) has proposed an Amendment to the Concurrency and Impact Fee Credit Agreement (PFS AGREE 2018-03) for the Grand Oaks PUD to revise the required transportation mitigation and road impact fee credit amount (Amendment). The Grand Oaks Comprehensive Plan Amendment (COMPAMD 2016-08), PUD (PUD 2017-02), and Proportionate Fair Share Agreement (PFS AGREE 2018-03) were approved by the BCC on July 17, 2018, for the development of 999 single family units (maximum 674 non-age restricted and 325 agerestricted), 100,000 sq. ft. of commercial space and 50,000 sq. ft. of office space. PFS AGREE 2018-03 included the requirement to construct the 4-lane widening of SR 16 from San Giacomo to the eastern (main) entrance to the Grand Oaks development, approximately 3.1 miles. The estimated cost of the widening was approximately $15,000,000. The required proportionate share was calculated to be $10,132,643. The applicant proposed in the companion comprehensive plan amendment (COMPAMD 2016-08) to contribute an additional $4,867,357 as public benefit with no impact fee credit for a total of $15,000,000 for transportation mitigation. Payments for each plat were required until the widening of SR 16 was designed (no more than 442 lots can be platted) and construction commenced (no more then 580 lots can be platted). Plats have been approved for 442 lots and mitigation totaling $5,040,000 has been paid and is being held in escrow. The Applicant is requesting to amend PFS AGREE 2018-03 to remove the requirement to construct the widening of SR 16 and instead pay the remaining transportation mitigation to the County. The total transportation contribution of $15,000,000 is being revised to include pre-construction costs/pond acquisitions of $2,100,000; therefore, the total funds to be paid would be $12,900,000. The Applicant is also requesting that the road impact fee credit amount be increased from $10,132,643 to $15,000,000. The Applicant is further requesting that the platting triggers associated with the design and commencement of construction of the widening of SR 16 be deleted.”

For background related to Grand Oaks – This PUD was approved by the County Commissioners in 2018 and included an agreement for the developer to widen 3.1 miles of State Road 16. The developer is now coming forward to say they should not be required to pay for the widening of the road because it was already deficient and not caused by the Grand Oaks Development. After much discussion and reviewing of the previous Board meeting where the PUD was approved in 2018, the Board unanimously voted to deny the request from the developer. The developer does need to move forward with the work to widen State Road 16.

Agenda Item 3 – ICI Middlebourne PUD – Major Modification to add a car wash facility in the Gate Property within the PUD and add landscaping requirements. This is specific to a parcel on the north side of Longleaf Pine Parkway and south of Veterans Parkway.

“Request for a Major Modification to the ICI Middlebourne PUD (Ord. 2018-29, as amended) to (i) add one land use, a Car Wash Facility, to the permitted uses within the PUD solely for the Gate Property; and (ii) add landscaping requirements and a related waiver for commercial and office parcels within the PUD property. The subject property is on an unaddressed parcel located on the north side of Longleaf Pine Parkway, approximately 650 feet south of Veterans Parkway. This item was recommended for approval by the Planning and Zoning Agency at their regularly scheduled public hearing on 10/06/2022 with a vote of 4 to 1. The Agency discussed the wetlands, trees on site, and the reduced buffer. This item was heard at the 11/01/2022 BCC meeting, where a Denial vote failed; the item was continued to a date uncertain and until a 5-member Board was seated. The Board discussed the existing wetlands, proximity to the residential neighborhood, noise, and landscaping.”

The Gate Car wash was approved 4:1 with Commissioner Joseph the No vote.

Public Comment:

General Public Comment began a little before the 11:30 time certain because it was a convenient time in the schedule. As has become a pattern, several residents of Marsh Landing appeared to provide public comment related to the on-going issues related to the Storm Water Management System in Marsh Landing.

Also present and presenting remarks was Trey Asner, the former Cultural Resources Coordinator for St. Johns County. Mr. Asner shared his concerns about the manner in which he departed his position. His remarks were picked up and covered by Action News Jax. You can watch the report here:

Trey Asner – Action News Jax Report

Other concerns raised were about the residency of our newest Commissioner for District 3, a storage building being constructed near a new development, and comments made by Commissioners at the hearing for the Public Housing Authority that were viewed as disparaging to county residents.

Agenda Item 7Workforce Housing Units – Proposal from the Northeast Florida Builders Association to modify the numeric percentage of dedicated workforce housing units in the Workforce Housing Zoning designation.

“This Comprehensive Plan amendment is a companion to an LDC amendment initiated by the Board at its regular meeting on October 18, 2022, and scheduled for first hearing at the February 21, 2023, BCC meeting. This Comprehensive Plan amendment changes two references in Policy A.1.11.1(m) to the numeric percentage of minimum required dedicated workforce housing units in the Workforce Housing Zoning designation and is required to maintain consistency between land code regulations. This CP amendment transmittal was heard by the Planning and Zoning Agency on February 2, 2023, and was recommended for approval with a vote of 6-0. Included in the motion was a recommendation of the proposed changes to the LDC Section 5.11.00 presented by NEFBA.”

Agenda Item 8 Workforce Housing Zoning Designation – Modification to the Land Development Code increasing the Maximum Initial Sales Price to $260,00 and decreasing the minimum percentage of overall units to 30%.

“The proposed amendment to the Workforce Housing element of Land Development Code, Section 5.11.00 increases the Maximum Initial Sales Price to $260,000 and decreases the minimum percentage of overall units to 30%. The Board of County Commissioners directed Growth Management to draft the amendment on October 18, 2022. The Planning and Zoning Agency recommended approval of the amendment with a 4-2 vote at its December 1, 2022 meeting.”

The NEFBA representative presented their rationale for their proposed changes to the County Ordinance for Workforce Housing. Their costs have gone up and they proposed these changes in order to continue to be able to build these homes at a profit.

TRANSPARENCY – I presented a statement on behalf of the St. Johns County Chamber of Commerce for Items 7 & 8. The Chamber is in agreement with 80% of the proposed ordinance but concerned about the price point of $260,000 and the reduction in the number of homes to be built from 40% to 30%.

Agenda Item 7 was approved 4:1 with Commissioner Joseph voting No and Agenda Item 8 was approved 3:2 with Commissioners Joseph and Whitehurst voting No.

There has been news coverage of the Workforce Housing Ordinance that can be viewed at these links:

News 4 Jax Coverage

Jacksonville Business Journal Coverage

Agenda Item 9 – Update on FEMA Category B Emergency Beach Berm for Hurricanes Ian and Nicole

Hurricanes Ian and Nicole inflicted severe impacts on Florida, resulting in a presidential declaration for federal assistance. FEMA’s Public Assistance program is a Federal grant to aid State and Local governments in returning a disaster area to pre-disaster conditions. The grant is provided to primarily address the repair and restoration of public facilities and infrastructure damaged or destroyed or the restoration of services that were negatively impacted. This update is focused on FEMA’s Category B Emergency Beach Berms. Specifically, eligible locations and volumes, resident easements, project cost, project funding, and project execution.

Agenda item 9 was approved unanimously.

Agenda Item 10 – FY 2024 Board of County Commissioners Budget Calendar and Initial Budget Guidelines

The Budget timeline was presented with budget workshops on May 22-24 in the administration auditorium.

Commissioner Reports

Considering the fatal accident at Pine Island Road and US 1 on the morning of the Commissioner meeting, Commissioner Joseph asked about a light at that intersection. There is on-going work to address this dangerous intersection and they are trying to prioritize efforts.

Commissioner Arnold raised a discussion point with the Board to put in place a reduced summer camp registration program at the Solomon Calhoun Center for the West Augustine residents to encourage enrollment.

Commissioner Dean brought forward the need to begin the work to update the Comprehensive Plan. Within 30 days staff will come back with a briefing on what needs to be done to update the plan. It is noted that the updated plan needs to be submitted to the state by August of 2024.

Commissioner Alaimo – Addressed the many public comments about his residency. He clarified that when appointed, a Commissioner has until election time to be a resident of the District. He also noted that he does have a home in the District and grew up in District 3.

Commissioner Whitehurst – Announced the Transportation Summit that will be held in the Auditorium on March 3, at 9:00 AM. A presentation from St. Johns County staff will be focused on strategic transportation infrastructure funding needs.

Invited participants at the Summit are:

  • U.S. Rep. John Rutherford
  • State House Speaker Paul Renner
  • State Sen. Travis Hutson
  • State Rep. Cyndi Stevenson
  • State Rep. Bobby Payne
  • FDOT District 2 Secretary Greg Evans
  • St. Johns County District 1 Commissioner, Chair, Christian Whitehurst
  • St. Johns County District 2 Commissioner, Vice-Chair, Sarah Arnold
  • St. Johns County District 3 Commissioner Roy Alaimo
  • St. Johns County District 4 Commissioner Krista Joseph
  • St. Johns County District 5 Commissioner Henry Dean
Posted in Growth & Development, St. Johns County, Travel

First Coast Expressway – Coming Soon to St. Johns County

What is the First Coast Expressway?

What do you know about the First Coast Expressway? Possibly not a lot because it hasn’t yet directly impacted residents of St. Johns County until recently.

Questions have been popping up on social media about the construction being done near the Shands Bridge. This new bridge across the St. Johns River will be part of the First Coast Expressway that has been under construction since 2013.

This multi-lane, limited access toll road will cross parts of Duval, Clay, and St. Johns counties. What is a “limited access toll road?” You’ll pay a toll to use it and it will work with the SunPass transponder system.

Once complete, the Expressway will be 46 miles in distance and is planned to reduce congestion and traffic on other major roadways in the region, specifically for daily commuters.

How is it being funded? The entire project is funded by the Florida Turnpike Enterprise.

Project Phases

The first segment of the Expressway was completed in 2019. This segment starts at Blanding Blvd/State Road 21 in Clay County and extends north to I-10/US 90 in Duval County.

The second segment runs from Blanding Blvd/SR 21 in Middleburg south and then east into Green Cove Springs. This includes a new bridge over Black Creek.

There are two separate projects for this second segment. The North project is expected to be complete in 2025 and the south project should be complete in 2026.

The third segment of the Expressway is also made up of two projects. This is where St. Johns County residents start to see construction.

The new bridge over the St. Johns River is being constructed just south of the Shands Bridge and is expected to be complete in 2029.

The final segment will be a new road from east of the County Road 16A Spur over to I-95 in St. Johns County. That is expected to begin construction in the summer of 2023 and be completed in 2030.

There is a great YouTube video of the project that you can watch here:

First Coast Expressway

For more information, check out First Coast Expressway

Posted in Affordable Housing, BOCC, Essential Worker Housing, St. Johns County

February 21 St. Johns County Commissioners Meeting

What you should know

What’s on the Agenda for the Commissioners next week?

Consent Agenda Items of Interest

There are two items on the Consent Agenda that are worth highlighting. Item 8 is authorization to execute the agreement between St. Johns County and the Florida Department of Transportation related to the construction and construction engineering inspection of four lanes connecting the end of County Road 2209 to State Road 16, approximately 3.26 miles of four lane construction.

Item 10 is awarding a bid and executing a contract to perform construction of the widening of Longleaf Pine Parkway to four lanes from Veteran Parkway to Greenbriar Road. Only Phase 1 can begin. The remainder must wait until payment from development agreements 2022-01 and 2022-02, due March 31, 2023.

Item 8:

The Florida Legislature allocated $8,000,000 in FDOT Grant Funds to St. Johns County for a portion of the construction of CR 2209. The funding supports construction and construction engineering inspection (CEI) oversight of four lanes connecting the existing terminus of CR 2209 to SR 16 approximately 3.26 miles. This item requests authorization to execute the Agreement between St. Johns County and the Florida Department of Transportation (FDOT) and to recognize the grant revenue and appropriate the funds for expenditure. No match is required by St. Johns County

Item 10:

SJC Purchasing issued an Invitation for Bids (“IFB”) for the widening of Longleaf Pine Parkway to four lanes from Veterans Parkway to Greenbriar Road. The project scope generally includes clearing, earthwork, paving, signing, pavement marking, drainage, and utility adjustments. All work is to be completed in accordance with St. Johns County, JEA, Florida Department of Environmental Protection (FDEP), St. Johns River Water Management District (SJRWMD), Army Core of Engineers (ACOE) and Florida Department of Transportation (FDOT) Standard Specifications and Permits. The IFB was advertised in accordance with County Purchasing Policy. Three (3) bids were received, with the lowest, responsive, responsible bid being from Baker Constructors, Inc. for a Total Lump Sum Amount of $14,899,000.00 for Phases I, II, and III. County Staff recommends Board approval to award Bid 23-35 to Baker Constructors, Inc., and to execute a contract for completion of the work as specified in Bid 23-35. However, only Phase I is authorized to begin work, until such time as the County receives payment of funds required under Development Agreements No: 2022-01 and 2022-02, at which point County intends to authorize Contractor to proceed with Phases II and III. The County is due payment from Development Agreements No: 2022-01 and 2022-02 by March 31, 2023. Due to their size, Exhibits are available upon request.

Public Comment Time Certain continues at 11:30 – 12:00 PM or at conclusion of the Regular Agenda, whichever comes first.

Regular Agenda Items of Interest

Agenda Item 1 – Presentation of the St. Johns County Surplus and OPEB Investment Portfolios

The St. Johns County Board of County Commissioners Investment Policy, Section XVII Reporting, and OPEB Trust Investment Policy, Section XV, requires the Clerk, or designee, to prepare and submit a written report annually on all invested funds to the Board. Included in the report shall be a complete list of all invested funds, the name or type of security in which the funds are invested, the amount invested, the maturity date, earned income, the book value, the market value and the yield on each investment. PFM Asset Management, LLC, is the County’s investment advisor and has prepared the annual reports for the quarter ended September 30, 2022.

Presentation can be found at this link: Agenda Item 1

Agenda Item 2 – Amendment to the Concurrency and Impact Fee Credit Agreement for Grand Oaks PUD revising required transportation mitigation and road impact fee credit amounts. Details below:

Southeast Development Partners, LLC (Applicant) has proposed an Amendment to the Concurrency and Impact Fee Credit Agreement (PFS AGREE 2018-03) for the Grand Oaks PUD to revise the required transportation mitigation and road impact fee credit amount (Amendment). The Grand Oaks Comprehensive Plan Amendment (COMPAMD 2016-08), PUD (PUD 2017-02), and Proportionate Fair Share Agreement (PFS AGREE 2018-03) were approved by the BCC on July 17, 2018, for the development of 999 single family units (maximum 674 non-age restricted and 325 agerestricted), 100,000 sq. ft. of commercial space and 50,000 sq. ft. of office space. PFS AGREE 2018-03 included the requirement to construct the 4-lane widening of SR 16 from San Giacomo to the eastern (main) entrance to the Grand Oaks development, approximately 3.1 miles. The estimated cost of the widening was approximately $15,000,000. The required proportionate share was calculated to be $10,132,643. The applicant proposed in the companion comprehensive plan amendment (COMPAMD 2016-08) to contribute an additional $4,867,357 as public benefit with no impact fee credit for a total of $15,000,000 for transportation mitigation. Payments for each plat were required until the widening of SR 16 was designed (no more than 442 lots can be platted) and construction commenced (no more then 580 lots can be platted). Plats have been approved for 442 lots and mitigation totaling $5,040,000 has been paid and is being held in escrow. The Applicant is requesting to amend PFS AGREE 2018-03 to remove the requirement to construct the widening of SR 16 and instead pay the remaining transportation mitigation to the County. The total transportation contribution of $15,000,000 is being revised to include pre-construction costs/pond acquisitions of $2,100,000; therefore, the total funds to be paid would be $12,900,000. The Applicant is also requesting that the road impact fee credit amount be increased from $10,132,643 to $15,000,000. The Applicant is further requesting that the platting triggers associated with the design and commencement of construction of the widening of SR 16 be deleted.

Agenda Item 3 – ICI Middlebourne PUD – Major Modification to add a car wash facility in the Gate Property within the PUD and add landscaping requirements. This is specific to a parcel on the north side of Longleaf Pine Parkway and south of Veterans Parkway.

Request for a Major Modification to the ICI Middlebourne PUD (Ord. 2018-29, as amended) to (i) add one land use, a Car Wash Facility, to the permitted uses within the PUD solely for the Gate Property; and (ii) add landscaping requirements and a related waiver for commercial and office parcels within the PUD property. The subject property is on an unaddressed parcel located on the north side of Longleaf Pine Parkway, approximately 650 feet south of Veterans Parkway. This item was recommended for approval by the Planning and Zoning Agency at their regularly scheduled public hearing on 10/06/2022 with a vote of 4 to 1. The Agency discussed the wetlands, trees on site, and the reduced buffer. This item was heard at the 11/01/2022 BCC meeting, where a Denial vote failed; the item was continued to a date uncertain and until a 5-member Board was seated. The Board discussed the existing wetlands, proximity to the residential neighborhood, noise, and landscaping.

TRANSPARENCY – I will be speaking on behalf of the St. Johns County Chamber of Commerce in response to Agenda items 7 and 8 below.

Agenda Item 7Workforce Housing Units – Proposal from the Northeast Florida Builders Association to modify the numeric percentage of dedicated workforce housing units in the Workforce Housing Zoning designation.

This Comprehensive Plan amendment is a companion to an LDC amendment initiated by the Board at its regular meeting on October 18, 2022, and scheduled for first hearing at the February 21, 2023, BCC meeting. This Comprehensive Plan amendment changes two references in Policy A.1.11.1(m) to the numeric percentage of minimum required dedicated workforce housing units in the Workforce Housing Zoning designation and is required to maintain consistency between land code regulations. This CP amendment transmittal was heard by the Planning and Zoning Agency on February 2, 2023, and was recommended for approval with a vote of 6-0. Included in the motion was a recommendation of the proposed changes to the LDC Section 5.11.00 presented by NEFBA.

Agenda Item 8 Workforce Housing Zoning Designation – Modification to the Land Development Code increasing the Maximum Initial Sales Price to $260,00 and decreasing the minimum percentage of overall units to 30%.

The proposed amendment to the Workforce Housing element of Land Development Code, Section 5.11.00 increases the Maximum Initial Sales Price to $260,000 and decreases the minimum percentage of overall units to 30%. The Board of County Commissioners directed Growth Management to draft the amendment on October 18, 2022. The Planning and Zoning Agency recommended approval of the amendment with a 4-2 vote at its December 1, 2022 meeting.

Agenda Item 9 – Update on FEMA Category B Emergency Beach Berm for Hurricanes Ian and Nicole

Hurricanes Ian and Nicole inflicted severe impacts on Florida, resulting in a presidential declaration for federal assistance. FEMA’s Public Assistance program is a Federal grant to aid State and Local governments in returning a disaster area to pre-disaster conditions. The grant is provided to primarily address the repair and restoration of public facilities and infrastructure damaged or destroyed or the restoration of services that were negatively impacted. This update is focused on FEMA’s Category B Emergency Beach Berms. Specifically, eligible locations and volumes, resident easements, project cost, project funding, and project execution.

Agenda Item 10 – FY 2024 Board of County Commissioners Budget Calendar and Initial Budget Guidelines

Agenda Items 11 – 14 – Consideration of appointments to the Health & Human Services Advisory Council (HHSAC), the Tourist Development Council (TDC), the Housing Finance Authority, and the Affordable Housing Advisory Committee (AHAC).

Agenda Item 15 – Time Certain to be heard at 5:01 PM

Second Reading of the Land Development Code Amendments for Veterinary Office, Animal Hospital in Office and Professional Services Use Category.

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

Florida Legislative Bills I Am Watching

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?

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