2002 Florida Legislative Report

By Larry Sellers and Lawrence N. Curtin

The Florida Legislature finished its work in May following a 60-day regular session and several special sessions. During that time, the Legislature considered a number of bills on environmental and land-use issues. Here is a brief summary of some of the key measures that passed.

Growth Management/School Planning

SB 1906 requires greater coordination between school boards and local governments. The bill also requires local governments and district school boards to enter into an enforceable, interlocal agreement that addresses school siting, enrollment, forecasting, school capacity, infrastructure and safety needs.

Growth Management/Water Use Planning

SB 1906 also requires local governments to amend their comprehensive plans to better integrate those plans with the water management district's regional water supply plan. The legislation requires local governments to include in their comprehensive plans a 10-year work plan for building water supply facilities that are considered necessary to serve existing and new development, and for which the local government is responsible.

Developments of Regional Impact

SB 1906 eliminates DRI review for certain facilities. Marinas located in a local jurisdiction that has adopted a countywide boating facility siting plan or policy into its comprehensive plan will be exempt from DRI review. The bill also removes the acreage thresholds from office and retail development. In addition, it eliminates the presumption for DRIs that are between 80 and 99 percent of a threshold; henceforth, developments that are less than 100 percent of the threshold are not DRIs.

Judicial Review of Local Government Development Orders

SB 1906 creates an optional special master process at the local level. If adopted by a local government, this would obviate de novo review at the circuit court level. The bill also allows developers whose projects were denied to seek de novo review. Previously, developers were...