A proposal to speed up approvals of developments proposed for large tracts of natural or agricultural land cleared its third and final committee stop in the Florida House of Representatives Thursday. The bill would still need to clear one more Senate committee before it could advance to become law.
The bill is focused on so-called "blue ribbon projects," defined as properties made up of at least 15,000 acres of contiguous land, all controlled by the same landowner and largely not within a city. Those "blue ribbon projects" would be presumed to be consistent with a local government's comprehensive plan — making approval the default response.
The bill has drawn lots of concern from growth planning experts and advocates of rural boundary protections, like the rural boundary covering about 54% of Orange County's land acreage.
"It's the complete opposite of what we advocate for," said Kim Dinkins, policy and planning director for 1000 Friends of Florida. The nonprofit advocates for local control over land use decisions, and curbing development sprawl by building in existing urban areas instead of agricultural and natural areas.
Lawmakers in the House's State Affairs committee approved changes to the bill Thursday, outlining a process local governments could use to deny proposals for these "blue ribbon projects." Still, the bill in its current form diminishes local governments' authority to plan for their own growth, Dinkins said.
"A local government can deny the project if it finds that the blue ribbon plan is substantially inconsistent with the provisions of the comprehensive plan," Dinkins said. "But (the bill) also says that there can't be deference to the local government. So then that kind of takes away, really, any authority that the local government has to deny on that basis."
Dinkins said the amendments approved Thursday improve some aspects of the bill, but not substantially enough.
"It is a more robust framework than what was originally introduced. But it doesn't really give the local government a whole lot of authority over the land use planning aspect of these developments, in practicality," Dinkins said.
Ranking Democratic Rep. Anna Eskamani, representing Orlando, echoed that sentiment at Thursday's committee meeting. She was one of five votes against the amended bill, all of which were cast by Democrats.
"The amendment makes it a little less aggressive. But I can't get behind the concept of granting almost a fast pass to what really is sprawl," Eskamani said.
The bill's lead sponsor is Republican Rep. Lauren Melo of southwest Florida.
Addressing committee members on Thursday, Melo highlighted parts of the bill she said would promote "smart growth."
For example, Melo emphasized, at least 60% of the land in "blue ribbon projects" would have to be set aside for "reserve." Up to 15% of the land within that reserve area could be used for "uses of public benefit," a category that includes parks and active recreation as well as utility sites, flood control facilities and stormwater areas.
Republican Rep. Richard Gentry, representing parts of Lake, Marion and Volusia counties, said he appreciates language in the bill prohibiting golf courses, data centers, and solar farms in reserve areas.
"I look at this as a bill that assures that the community that I'm living in is going to get at least a 60% set-aside. And that doesn't include golf courses. They're completely stripped out of this," Gentry said. "The old development deal was you put a golf course in so you could have all your water retention. … So to me, I think that this is a bargain."
In response to a question from Eskamani, Melo confirmed Thursday's amendments reintroduce the role of a local government's comprehensive plan into the proposal's language.
"This has been a tremendous compromise at each stop," Melo said. "I've listened to every stakeholder, which is why we keep having these large amendments. But yes, this reintroduces the comp plan."
Still, Eskamani expressed concerns.
"When I think about gopher tortoises and just the lack of ecosystems for many of these fragile species that are known to call Florida home — it just gives me a lot of pause," Eskamani said. "When I think about large projects like this (not) going through more intensive — not just government input, but also community input. Because I would want to make sure that residents have a say in what happens in their backyard."
Statewide, local governments are increasingly sounding the alarm over threats to home rule power. Also during this legislative session, lawmakers have been considering how to resolve major planning challenges for local governments prompted by Senate Bill 180, a law that took effect last year.
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Beginning as an emergency management bill to help ensure communities can rebuild quickly after a natural disaster, the law was ultimately updated with language barring local governments from adding any "more restrictive or burdensome" changes to their comprehensive plans and development codes. The law doesn't define what that "more restrictive or burdensome" clause means, leaving it open to wide interpretation: either by developers, or anyone else who takes issue with aspects of a local government's plan.
Eskamani urged lawmakers and members of the public to think carefully about enacting more policy to preempt local governments from exercising their home rule power. Should Melo's bill become law, Eskamani said the legislature is "setting a standard that is very different from how we do things today."
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In closing the committee's discussion on her bill Thursday, Melo told lawmakers the state's development is also a theme close to her heart, especially since her family has lived in Florida for close to a century.
"The vision is simple: protect more than we build," Melo said. "I just want you to imagine a community where growth and conservation work together, not against each other."
Committee members voted 21-5 to advance Melo's bill. Next up, it's likely to go before the Senate's Rules committee. If it advances from there, it would still need to be taken up by lawmakers on the floor in both chambers. The legislative session ends March 13.
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