The newly passed, bipartisan "Live Local Act" which was signed by Governor DeSantis late last week sailed through the legislature with very little fanfare and much applause. It has a lot of very positive provisions, namely the doubling of state dollars for the SHIP and SAIL programs which seek to provide more affordable housing options for citizens. It also has some innocuous provisions related to what local governments can charge to tow and store vehicles within their respective jurisdictions.
But some language in the bill related to approval of housing development is troubling. And it could impact Escambia County in many ways which may have perhaps not been thought through as this was pushed over the finish line.
The biggest and most concerning conundrum this legislation creates is the way in which it specifically limits the county's ability to make important zoning determinations and decisions with respect to commercial properties.
The legislation which is now Florida law has provisions which allow developers to completely bypass local ordiances controlling allowable uses withing commercially zoned parcels of land----if certain conditions are met by the developers. Specifically--if a builder owns commercial property that is not currently zoned by the county for housing--such a developer can now build housing (if a certain percentage of such housing development is alloted for "affordable/workforce" housing) on such parcels with no need for a county's approval. The legislation preempts the local authority to regulate this. (see the language in lines 312-379 of the original bill here)
So this new law potentially complexifies our sale of OLF8 because it opens the possibility that the developer we eventually sell this parcel to--with our intention being that such a developer follow the master plan we have codified in county ordinance--could instead potentially develop the entire parcel with residential. I was invited onto this past Thursday morning's "Real News with Rick Outzen" to discuss these potential issues this new law creates as it pertains to our upcoming sale. You can hear that conversation here. The master plan's compromise specified certain acres for commercial, light industrial (for job creation) with other portions set aside for residential, retail, a town center and amenities. With this new law in place though--all the allowable residential could be built, and a developer could potentially then bypass our zoning to create EVEN MORE residential on OLF 8 under the provisions of this new law. This is the concern I have, and that many others share.
In a conference call I had with county staff and multiple lawyers Wednesday--I was told that because we own the property currently--we may be able to utilize restrictive covenants/deed restrictions to
prevent residential from being constructed on parcels on OLF 8 that are specifically reserved for commercial, light industrial job creation. But some are skeptical of our ability to do this--even though I was told unequivocally by two county lawyers we can shield this parcel from the provisions of this new law if we take certain steps before we sell it. And I am told specifically this would survive the close of the sale. So for my vote, I will want something like this deed restriction/protective covenant put in place, put in the sale contract, and verbalized publicly before we sell to any developer--in order to maintain the spirit of the master plan compromise that was put in place by the county.
Next Thursday we will hear presentations from multiple firms that are interested in buying OLF 8. In light of this new legislation and it's associated preemption --it will be important that this is discussed as a part of our deliberations. Because even with good, well-intended legislation---there is always the potential for unintended consequences. This law is a stark example.
16 comments:
Just a friendly reminder that, if Andrade's legislation to destroy free speech in this state (and spur lawsuits to send it up to the Supreme "Court") passes, and it includes the provision that bloggers have to register with the State, you'll have to do that, and then make regular reports on whatever earnings you might have made while criticizing your state-level government.
Is there an exemption for campaign finance? (Honest question.)
Wow, this is concerning.
ps. There's nothing at all unintended in any of these consequences. The GOP supermajority in both chambers and DeSantis (no daylight there of course) know exactly what they are doing, as do all of the think tanks and lawyers who have been geared up to slam down bill after catastrophic bill for a very long time now.
1. There has been a systematic, wholesale destruction of home rule from the supermajority GOP in Tallahassee for years, and it has only accelerated. Another few sessions, and Commissioner and City Councilperson will be nothing more than a fancy certificate to display on the wall.
2. There has been a systematic, wholesale destruction of building and development regulations, consumer protections, and contracting accountability from the supermajority GOP in Tallahassee for years, and it has only accelerated. Another few sessions, and there won't be any ability for local government to impact its own planning at all--except in (1) enclaves of the super-rich; and (2) critical, super-concentrated voting masses who care about such things. (This is why the incorporation question is so ludicrous; with the County having its authority stripped away day by day from the state, it's hilarious that anyone thinks incorporation will have much impact at this point.)
3. What DeSantis wants, DeSantis gets.
These three particular destructive forces (among so many others) have been dovetailing and on abundant display for a long time now, so I really don't understand why this is such a shock; it hardly rises to the occasion of a "poison pill," it's so in keeping with DeSantis's program.
I would have been shocked if they *hadn't* found a way to increase their control while throwing around "affordable" money. This is textbook fascism.
Felt good for a while, right?
It always does, to people who get duped into thinking their control of you equals a freer society through your dominance of others. #winning! History is writ large with this.
And Florida will be blown to pieces after this session, with the many of the people in will impact most being the people who were begging for it in the voting booth. Wait 'til Citizens raises insurance 14% on primary and up to 50% on secondary residences, freshman college enrollment is down with the massive brain drain happening in this state, and fools who have now been told they don't have to know how to shoot a gun to carry one are unleashed--coming to you July 1st, just in time for Fourth of July. Oh, and the orchestrated collapse of our public school system. And so much more.
As much as I hate to see this possibility on OLF8, it's such a small part of the bigger picture of what's happening in this state. And if republican voters woke up from their collective stupor right now, it's already too late.
Mel, (and this is in no way meant as snarky or rude), if you hate Florida so much and truly believe that the worst is yet to come, why do you stay? I'm genuinely curious.
I understand why a lot of people are moving here but I honestly don't understand why so many that hate it (and DeSantis), choose to stay.
I don't hate Florida so much, Alice. My husband and I met in Orlando working at the Borders on the corner of 434 and 436, while he was visiting his younger brother getting ready to graduate from UCF. Mike could have gone to medical school anywhere in the country, and chose Miami, where his godfather still lives. We headed north so he could continue his doctoral program at CUNY Grad Center, and I applied for grad school while working at Borders in the World Trade Center. We moved to Boston when I started grad school, and we absolutely hated it there. I promised Mike that I would get in and out of grad school as quickly as possible, then ended up changing graduate programs from Boston University to Harvard and came down with crippling lyme disease that ended up keeping us there 12 years, until Mike got transferred to Philadelphia, where I finally found competent lyme doctors.
Our plan was *always* to get back to Florida, although we quibbled about where, and didn't think we'd be able to do it until retirement. When I visited a friend here in 2014, I called Mike and told him to get ready, because I was going to rent a house and come back to move us. We fell in love with the area and decided to settle here, rather than making our way down the coast to SW Florida, which had been our compromise on where to eventually land.
I'm answering because you asked reasonably, Alice, but of course all this business about "if you hate Florida so much" (which is a constant mantra on social media) is just a red herring that has been sloganeered on social media, although I sense you're asking it sincerely.
I don't hate Florida; I hate what the current fascist GOP is doing to Florida. And I hate it when people pretend that Florida has *always* been a bastion of conservativism, which is ridiculous. All of this is a very recent construct--you all have been told so many times that the State of Florida has always been slobbering to be red meat republican that you've fallen for that. When we moved here the state had been squarely purple for a long time (btw, I didn't want to move to Miami in part because it was too liberal-leaning for my taste then). Did I experience culture shock not realizing the different culture of the Panhandle from the rest of Florida? Of course. But that was our place to navigate and find comfortability, and not the place's responsibility to make us feel more comfortable with certain things (we weren't prepared, for example, for religion and churches to control so much here--well, suck it up, buttercup, and learn to adjust).
2. What is it *not* our responsibility to adapt to? Tallahassee, where the republican party is *destroying*--DESTROYING--this state.
Why aren't we moving? (a) We love Pensacola; (b) we're still trying to scrape up some hope that voters across the state will throw these oligarchic monsters of greed and power out of office when they see what's coming down the pike (that is, if the judge's rule fairly in the redistricting cases); and (c) there's no point in leaving Florida, when the GOP is orchestrating a nation-wide onslaught against our democracy, and could put us in either a bloodless coup or a civil war.
I understand as well why a lot of people are moving here, and feel so sorry for the people who honestly don't understand what they're moving to, and think it's a fantasy combo of sun, sea, and cheap. Others are well aware, and thirsty for, the authoritarianism they are seeking--they *want* to live in that setting, because they think that if they submit to kissing the rod, they will be able to have their own little rods to whack people "below" them with. Then there's the uber rich, who don't give a shit about authoritarianism, because they control the politicians and just need people to clean their toilets. Moreover, Florida's entire history is cycles of boom and bust, and every time there's another boom people forget what happened the last time it receded into bust and assume this time is different. But in this moment Florida is becoming more feudal, make no mistake. The idea this is the land of prosperity for all is a mirage that Florida's tourism dollars are playing for all it's worth.
So now that I've made a sincere attempt to answer the "why don't you move" question, Alice, here's what I don't understand. If you love Florida so much, why can't you see that your party is destroying it?
MY party? I'm not a Republican, Mel. Haven't been in years. That being said, I'm not a Democrat either.
Sorry, Alice, I thought you were. NPA? That's what I am, now. I've also been registered independent (prior to Florida) and republican (upon moving here), but not democrat.
DeSantis is a wonderful Governor and will be President.
Land use requirements requiring projects AKA affordable housing were installed under Obama. It was Federal under HUD. That came out during the 2016 Presidential campaign. One other good reason to always vote Republican.
https://www.investors.com/politics/policy-analysis/obama-hud-fair-housing-rules-mandates-neighborhood-diversity/
Anon 10:26, exactly. Thanks for making my point that republicans are the new democrats. Couldn't have executed that turn better myself.
Some quotes on the State of Florida that might reach some people who are started to become baffled by "What Is Going On In Florida."
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“Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power” ― Benito Mussolini
“Let us have a dagger between our teeth, a bomb in our hand, and an infinite scorn in our hearts.” ― Benito Mussolini
“Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power.” ― Benito Mussolini
“Democracy is a kingless regime infested by many kings who are sometimes more exclusive, tyrannical and destructive than one, even if he be a tyrant.” ― Benito Mussolini
“It is the State which educates its citizens in civic virtue, gives them a consciousness of their mission and welds them into unity.” ― Benito Mussolini
“The truth is that men are tired of liberty.” ― Benito Mussolini
Signing of with a headline from the New York Times, Sept 27th 1928:
"MUSSOLINI WARNS ON BIRTH RATE DROP; He Fears Eventual Domination by Black and Yellow Races if It Does Not Improve. SAYS CITIES ARE BARREN Harlem Riot of Last July Is Cited by Him as Example of the Clash of Races. Says Cities Grow on Migration. MUSSOLINI WARNS ON BIRTH RATE DROP Blacks and Yellows Race Conscious. Declares Foreseeing Are Worried. Sees Change in Italy."
Here an example of a babbling idiot in comments on a blog.
I'm reluctant to mention her but Miss Pino needs to create her own blog to spread her conspiracy theories and talk about the boogie man that haunts her. I would much rather hear from the elected official Mr. Bergosh and not a Democrat (she was never a Republican) that hates our state. This blog is not about you, Miss Pino.
And yet for some reason you feel compelled to read and respond, Mr. Anonymous.
Take heart, poor offended person. My commenting on this subject is pretty much in the rearview from here on out. Anyone who can't see what's going on by now is a fool, anyway, and stands little hope of better vision; anyone who sees it, yet argues to the contrary, is profiting from it. Or thinks they stand a chance of it, somehow, some day.
Enjoy your gullibility or your mendacity, whichever the case may be.
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