(The Center Square) – A bill critics say tramples on home rule was signed into law by the Florida governor late last week.
Second-term Republican Gov. Ron DeSantis signed House Bill 399 on Friday. It prevents local governments from blocking residential projects based on compatibility and allows certain projects to proceed with limited or no public input including residential developments and land use plans.
The bill, touted by proponents as a solution for affordable housing, has faced opposition from local governments including the Miami Beach Board of Commissioners. That panel has already authorized its city attorney to look into legal avenues to oppose the bill.
Commissioner Alex Fernandez said a lawsuit is one potential avenue.
Sarasota County Commissioner Tom Knight took to social media Monday weighing in.
“Home rule has been eroded yet again,” wrote Knight. “We have another state law that limits our power as commissioners to make decisions on land use and development that are in the interest of the community and the people who elected us. As I have stated many times, I am not anti-growth or anti-building. I am pro home rule, and folks, before long we will not be making any decisions on your behalf – they will all be made out of Tallahassee. Worse still, we can’t pay for the infrastructure that is needed to keep up with the growth. Laws have been passed that prohibit us from getting developers to help. So buckle up, people, it’s only going to get worse.”
Rep. David Borrero, R-Miami, who sponsored the bill in the House of Representatives, said it would help with housing supply and demand and remove burdensome regulations.
Part of the backlash is tied to a provision in the bill that removes local authority to shoot down certain projects, including a controversial plan to construct a water park at Fontainebleau Hotel in Miami Beach with some water slides less than 15 feet away from privately owned balconies.
The bill also ensures fees for building permits will be tied to actual costs, removing local governments’ ability to levy higher fees to discourage unwanted development. This is expected to have a positive economic impact for developers and conversely a negative fiscal impact on local governments that typically charge fees for development permits above the limits installed by the bill.
Additionally, the bill further attempts to increase the availability of affordable housing by expanding the allowable types of housing for certain zones like modular, prefabrication and manufactured housing that were previously not allowed. While it does not prohibit local governments from applying “generally applicable architectural” standards, it states the design standards must be reasonable and not exclude off-site constructed dwellings.
