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Change in growth law adds local pressure

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The Tampa Tribune

Published: June 20, 2009

Recent changes in the state's growth management law that were cheered by builders and developers might not be as costly to taxpayers as opponents feared, nor as helpful as builders hoped.

One change reduces state oversight over growth but allows local governments to continue charging new projects for a share of the costs of transportation improvements needed by new houses and businesses.

That's the interpretation of Tom Pelham, head of the state's Department of Community Affairs. If Pelham is correct, and he usually is, then it's hard to see how the change will bring the predicted redevelopment and economic boosts. And it's still hard to see how the law can fulfill its promise of focusing growth in urban areas and avoiding sprawl.

The Hillsborough County Commission, on advice from local planning experts and environmental watchdogs, urged Gov. Charlie Crist to veto the change. The fear was that road improvements developers had agreed to make would be canceled, and taxpayers at large would have to pay if the work was to get done.

Now it appears that the county can continue striking hard bargains with developers. What's different is, state law no longer requires that improvements be paid for concurrent with growth. Commissioners no longer have that political cover.

It looks like the county is going to have to fight the issue of impact fees for transportation all over again. It will be interesting to see if the same commissioners who urged Crist to veto the bill will stand up for taxpayers and refuse to pass on to them all the costs of growth.

Another change in the law that's easier to understand will limit competition in the building of affordable housing. A strange provision, added in the final confusing negotiations over the growth bill, stipulates that Florida-based developers will be given preferential treatment in the competition for federal tax credits to build affordable housing. The change also gives a big advantage to firms that have completed at least five affordable-housing projects for the Florida Housing Finance Corp.

The Tribune's Catherine Dolinski reports that the state agency did not request the change. Many highly qualified developers who have completed similar federally funded projects in other states will find it all but impossible to compete in Florida under the new standards.

The result is likely to be the construction of fewer affordable housing units.

The bill's sponsor, Sen. Mike Bennett of Bradenton, explained to Dolinski that "anytime you're talking about money, someone will find a reason to object." In this case, we're talking about taxpayers' money. They have a very good reason to object.

On the larger growth issue, Florida has never done enough to help local governments figure out a fair, consistent way to pay for growth without chasing it into swamps and farmland.

Instead of threatening to eliminate Pelham's department, lawmakers should invite him to streamline and reform the state's growth law, and restore state oversight where appropriate. They should agree in advance to vote it up or down, without adding sneaky amendments that have nothing to do with making Florida a better place to live.

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