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House Bill 319 : The Merging of Mitigation Standards for Traditional Transportation Concurrency and Alternative Mobility Funding Programs

In recent years, local governments attempting to address traffic congestion created by new development, and applicants seeking development approval, have encountered a rapidly-changing legislative landscape. House Bill 319 was adopted during the 2013 Legislative session. It builds on the sweeping changes of the 2011 Community Planning Act, that added limits on local governments’ ability to require developers to mitigate their impacts on the local transportation system. House Bill 319 was signed by the governor and became effective on May 30, 2013.

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Categories: Land Use & Zoning (Public)Local Government
Tags: Community Planning ActMitchell A. BiermanJamie A. ColeChad S. FriedmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysJohanna M. Lundgren
Author(s): Susan L. Trevarthen & Johanna M. Lundgren

A Sad Day for Growth Management in South Florida

John M. DeGrove, the father of growth management in Florida and many other states, recently passed away at age 87. As one of the hundreds of planners, policymakers and attorneys around the state who got their start working with Dr. DeGrove, I can attest that the state and the planning profession have suffered a great loss. A political scientist by training, he was a planner by choice. While he held high ideals, he was a pragmatist, and more than willing to work across party lines and find consensus on solutions to protect and improve the quality of life in Florida. While we can look back from this point and regret what may not have worked as intended, in large part because it was never funded properly by the Florida Legislature, we must not lose sight of what was accomplished under the 1985 Growth Management Act. The state has chosen to move on from Dr. DeGrove’s brand of growth management, but it will always benefit from the many poor decisions averted and wise decisions nurtured under the policies he fathered.

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Categories: Land Use & Zoning (Public)Awards & RecognitionsLand Use & Zoning (Private)
Tags: Florida Growth Management ActCommunity Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsSusan L. Trevarthen
Author(s): Susan L. Trevarthen

Key Decision Under Florida’s New Growth Management Law Finds Proposed Farmton Large Scale Development Does Not Proliferate Urban Sprawl

On January 24, 2012, Administrative Law Judge David Maloney issued a recommended order finding the Farmton Local Plan (FLP) incorporated into the Volusia County Comprehensive Plan as “in compliance” with the Community Planning Act.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)Administrative Law
Tags: Florida Growth Management ActCommunity Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissJames E. WhiteDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law Attorneys
Author(s): James E. White

Florida Legislature Will Tackle Several Significant Planning and Growth Management Bills In Upcoming Legislative Session

In less than two weeks, Florida representatives and senators will convene for the 2012 Legislative Session. Legislators will tackle a number of bills relating to planning and growth management issues. WSH Partner James E. White provided a synopsis of several bills in the new edition of Planner’s Perspective, the quarterly electronic newsletter of the Broward Section of the American Planning Association. In addition to his contributing to the newsletter, James is a member of the American Planning Association and a Legislative Policy Committtee Member of its Broward Section.

To read the synopsis, click here. To check on the status of any individual bill or read the bill’s text and/or amendments, you can visit the Florida Legislature’s website.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment Affairs
Tags: Florida Growth Management ActCommunity Planning ActMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Brooke P. Dolara

Applications to Move Miami-Dade Urban Boundary Line Could Help Give Understanding to State’s Authority over Land Use

The Miami-Dade County Commission recently approved two applications that could move the Urban Development Boundary (“UDB") and allow more development on previously sacrosanct property.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Florida Growth Management ActCommunity Planning ActGovernmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Urban Development Boundary
Author(s): Brooke P. Dolara

Snapshots From The Community Planning Act, Part 7: Discouraging Urban Sprawl

The Act continues to require local governments to discourage the proliferation of urban sprawl.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Susan L. Trevarthen

Snapshots From The Community Planning Act, Part 6: Evaluation and Appraisal Process

The Evaluation and Appraisal Report (EAR) as you have known it is dead. In its place is a requirement that local governments evaluate, every seven years, whether changes to the comprehensive plan are necessary to reflect changes in state law, and notify the state land planning agency of its determination. Instead of the detailed and prescriptive requirements that used to apply to EARs, local governments need only provide a simple letter indicating whether or not changes are necessary, as determined in the judgment of the local government.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Susan L. Trevarthen

Snapshots From The Community Planning Act, Part 5: Proportionate Share Mitigation of Transportation Impacts – Deficient Roadways and Other Transportation Facilities

The Act removes the state mandate for local governments to enforce transportation concurrency, the regulatory requirement that roadway and other transportation facilities be in place concurrent with the impact of new development. If local governments continue to enforce transportation concurrency, as most local governments appear to be doing at this time, then the Act requires that local governments must continue to obey the state mandate to provide proportionate share mitigation options to applicants for new development approvals, and to follow the revised statutory rules for calculating such mitigation.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Susan L. Trevarthen

Snapshots From The Community Planning Act, Part 4: Permit Extensions Redux

As in the film “Groundhog Day,” local governments woke up at the end of the 2011 Legislative Session to find that yet another set of permit extensions were provided directly by the state, preempting local control of the renewal and extension of building permits and development orders.

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Categories: Land Use & Zoning (Public)Environmental/Sustainability
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentPreemptionMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Snapshots From The Community Planning Act, Part 3: Adversely Impact Important State Resources and Facilities?

The Act limits the scope of the state land planning agency’s (now the Department of Community Affairs (DCA) but, as of October, to become the Department of Economic Opportunity) ability to object to or challenge local comprehensive plan amendments. Under the Act, the state land planning agency can only challenge those amendments which will “adversely impact important state resources and facilities.” What is important? What is an adverse impact? The Act doesn’t say.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLand Use & Zoning (Private)
Tags: Community Planning ActMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Snapshots From The Community Planning Act, Part 2: What Didn’t Change?

My personal “top ten” list of things that have NOT changed in local government comprehensive planning with the enactment of the 2011 Community Planning Act:

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal Government
Tags: Community Planning ActMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Snapshots From The Community Planning Act, Part 1: When Do Local Governments Have To Comply?

This is the first in a series of blog entries focusing on particular aspects of the 2011 Community Planning Act. (See House Bill 7207, enacted by the 2011 Florida Legislature to reform the 1985 Growth Management Act, Part II of Chapter 163, Florida Statutes).

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal Government
Tags: Community Planning ActMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen

Community Planning Act Passes, Deregulation Forthcoming

On June 2, 2011, Gov. Rick Scott signed into law House Bill 7207, the Community Planning Act. What will it mean for the residents, visitors, businesses and communities of Florida?

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal Government
Tags: Community Planning ActMunicipal GovernmentChad S. FriedmanSusan L. TrevarthenFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal Attorneys
Author(s): Susan L. Trevarthen