by Michael Peltier
The News Service of Florida
In a ruling certain to re-fan the flames over growth in Florida, a circuit judge on Thursday threw out a 2009 developer-backed law that relaxed transportation and other requirements in targeted, high-density areas around the state.
In a summary judgment that sided with cities and counties, Second Circuit Chief Judge Charles Francis, declared SB 360 unconstitutional and ordered state officials to take the controversial law off the books.
The law, Francis determined, was an unfunded mandate passed in violation of a 1991 statute aimed at protecting local governments from footing the bill for legislative actions.
The ruling brought an immediate reaction from the law’s chief Senate sponsor, who said lawmakers would return in March to correct the deficiencies and pass a similar version again.
“This is what happens when judges try to be legislators,” said Sen. Mike Bennett (R-Bradenton). “I thought we were pretty clear.”
Bennett also said the ruling would put pressure on legislative leaders to make more changes at the Department of Community Affairs, which opposed SB 360 but now is tasked with enforcing it. Bennett and other Senate leaders have been a frequent critic of DCA and its secretary, Tom Pelham.
Passed in the wake of the worst housing bust since the Great Depression, SB 360 did away with some of the hurdles that developers said made it more difficult to build in the state’s most densely populated regions. The bill relaxed growth management requirements that said roads and other public works had to come with, or at least soon after, private development.
Backers of SB 360 said the bill would encourage development in the urban areas by making it less expensive for private developers, who would otherwise focus on less densely populated areas and contribute further to urban sprawl.
Critics, including the city of Weston, the lawsuit’s lead plaintiff, said the measure would simply transfer costs that would have been paid by developers to local governments that would be forced to pay for the roads and other public projects the growth would require.
Jamie Cole, a Fort Lauderdale attorney who represented the plaintiffs, said the judge didn’t even get to other matters that his clients contested.
“Staff knew (SB 360) was flawed and they told the Legislature so,” Cole said. “I don’t think this was accidental. I think they knew what they were doing and didn’t think they would get called on it” by the courts.
A spokesman said the House wouldn’t have a comment on the litigation, which may be appealed.
In his ruling, Francis said the law would at a minimum require nearly 250 cities to submit comprehensive plan amendments to comply with the law at a cost to each of $15,000, or roughly $3.7 million statewide, a significant cost that could not be left on their shoulders. Cities and counties said complying with the new law would cost them significantly more.
Francis did not address other aspects of the lawsuit.
“We are reviewing the ruling now and have not made a decision on whether to appeal,” said Sterling Ivey, a spokesman for Gov. Charlie Crist, who as governor is the defendant in the suit.
Business groups were disappointed by the ruling.
“Legislation intended to reduce excessive regulations, stimulate investment, and create jobs has instead been tied up in costly, taxpayer funded litigation for over a year,” said Adam Babington, vice president for government affairs at the Florida Chamber of Commerce.
“We are in the process of thoroughly reviewing the ruling and evaluating the appropriate next legal and legislative steps to protect the interest of our members,” he said.