Guest opinion: Rep. Gary Aubuchon provides legislative update
As I write this letter, the Florida Legislature has reconvened in Tallahassee in extended Session to debate and vote on the final state budget for fiscal years 2009-2010.
The extended Session is not without precedent, and I believe it is more important to get the budget done right than to do it quickly. Although the budget process took a little longer than anticipated, it is important that the priorities of both the House and the Senate are fairly represented in the final budget.
Because we know that Florida will only receive federal stimulus funds for a few years, we must insist on a responsible long-term approach that prudently balances the budget. This means both revenues and reductions must be included if we want to avoid billions of dollars in tax increases next year.
Last Friday, we finished work on all legislative business not related to the budget. During the regular Session, I heard from many constituents about diverse and varied issues and our comprehensive Session Wrap Up will address all of those issues in detail.
In the meantime, this update provides highlights legislative agenda I advanced during the 2009 Session. I am proud to report that our legislative team was successful in passing all of the concepts I filed as legislation at the start of the 2009 Regular Session.
If you have any questions about the issues you read about here, or if you need assistance, please do not hesitate to contact my office or send an email message to gary.aubuchon@myfloridahouse.gov. Your input is always welcome.
Hot Topics
Affordable Housing: For the past two sessions, Representative Aubuchon has been the point person for advancing the affordable housing package. While much of the bill is technical and programmatic in nature, we are making several substantive changes to emphasize rehabilitation, energy efficiency and green building, assistance to youth aging out of foster care, and economic recovery.
Highlights of the bill include: a new definition of “moderate rehabilitation” Current law only allows the use of State Apartment
Incentive Loans (SAIL) for “substantial rehabilitation,” where the cost of rehabilitation is 40 percent or more of the unit value. This will allow the use of SAIL funds for a minimum rehabilitation of $10,000 per unit. In an effort to boost economic recovery, we are directing
Florida Housing Finance Corporation (FHFC) to establish a criterion of preference for developers and general contractors who are domiciled in Florida, for purposes competitive bidding on affordable housing projects. To promote energy-efficient affordable housing, the bill adds green building to items considered in SAIL program funding decisions. It requires local governments to state in their State Housing Incentive Program (SHIP) local housing assistance plans how they plan to address innovative design, green building, storm resistant construction and other elements that reduce long term costs. The bill requires FHFC to coordinate strategies to increase affordable housing opportunities for young adults who are aging out of the child welfare system. The bill also allows, for the first time, the use of SHIP funds for manufactured homes assessed as real property and built after 1994.
And in two innovative initiatives, we are allowing the Florida Office on Homelessness to use homeless housing assistance grants for the purchase of existing properties with existing structures, and allowing the use of affordable housing dollars for one-time relocation assistance grants to low-income renters who are displaced by foreclosure. The provisions of the affordable housing bill were amended onto the comprehensive growth management bill, and await signature by Governor Crist.
Reigning in Impact Fees: An impact fee is a cost imposed on new construction to account for the impact of such construction on the community’s infrastructure. Impact fees are created and amended by local ordinance, and are an important source of revenue for local government. Applied properly, impact fees ensure growth pays for growth. Levied improperly, they stifle growth, harm the economy, increase unemployment and shift the tax burden to existing homeowners. To address this issue, Representative Aubuchon is sponsoring CS/HB #227 which will level the legal playing field and place the burden of proof on the government in any impact fee challenge. This legislation is designed to introduce a measure of fairness.
On the unlevel playing field today, government is virtually unstoppable in assessing impact fees. The proof of that is the inordinately high rate of impact fees we have seen during the last several years. Impact fees in Florida have increased by a staggering 149 percent during the period 2003-2007. Florida now has the second highest average impact fees in the United States after California (and even California caps increases to the rate of inflation). CS/HB #227 will prevent further harm to Floridas economy while maintaining local government right to impose and collect fair and correct impact fees. CS/HB #227 awaits signature by Governor Crist.
Common Sense Solution: Healthy Beaches: Today, when your local beach is closed because of contaminated waters, the state’s involvement essentially begins and ends with posting a sign that says “no swimming.” Southwest Florida, indeed in all of our coastal communities in Florida, our tourism economy is dependent on keeping our beaches clean and open.
Representative Aubuchon sponsored CS/HB #707 to require responsible state agencies to dig deeper and not just close the beach, but find out who is responsible for the beach being closed. CS/HB #707 requires the Department of Environmental Protection to investigate wastewater treatment facilities within a one-mile radius of any beach affected by a health advisory issued by the Department of Health that prohibits swimming. Upon completion of its investigation, DEP is required to notify the relevant local government whether a wastewater treatment facility experienced an incident which may have contributed to the contamination and the resulting health advisory. CS/HB #707 awaits signature by Governor Crist
Transportation: Local Results: Again in 2009, Representative Aubuchon sponsored the state transportation package. CS/HB #1021 is the substance of the provisions of the 2008 bill that was ultimately vetoed by Governor Crist.
The bill makes changes to numerous programs administered by or affecting the Florida Department of Transportation and contains many provisions designed to advance transportation projects and encourage economic development. The legislation authorizes transportation concurrency backlog authorities to issue bonds and exceed the 25 percent tax increment financing rate upon agreement of all affected taxing authorities.
Further, it increases from $100 million to $250 million, the maximum dollar amount for projects, which may be added to FDOT’s work program when funded by other governmental entities. These provisions will enable the City of Cape Coral to advance fund the widening of Pine Island Road between Chiquita Boulevard and Burnt Store Road now, while costs are low, with a written agreement for full reimbursement from the Florida Department of Transportation. Expanding Pine Island Road will not only improve a vital hurricane evacuation route for all residents of Pine Island and North Cape Coral, it will be a kickstart to the local economic engine by enabling the immediate construction of shopping, restaurants and additional commercial and mixed-use development.
– Rep. Gary Aubuchon represents District 74, which includes Cape Coral, in the State House of Representatives