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Two very onerous and misguided bills are being considered by the Florida House of Representatives this session.  The bills would dissolve the Florida Department of Community Affairs (DCA), the state agency which has oversight for growth issues, particularly in Areas of Critical State Concern.  Details are in the following article from the March 24 Key West Citizen:
Bills would dissolve DCA

Florida Keys News

Keys development oversight could pass to Department of State

By TIMOTHY O'HARA Citizen Staff


Two Florida House bills effectively would eliminate the state agency responsible for overseeing development in the Florida Keys and other Areas of Critical State Concern.

The bills could move some or all of the Department of Community Affairs' (DCA) responsibilities to the Department of State, which oversees elections, libraries, historic preservation and other programs and agencies.

One of the bills, HB 7049, is sponsored by Rep. Dorothy Hukill, R-Port Orange. The second bill does not yet have an individual bill number, and is proposed by the Government Accountability Act Council, state records show.

The state, which is in the same financial predicament as local governments, wants to consolidate services to save money. Also, some state legislators want to ease restrictions on developers to stimulate the economy.


Bills opposed locally

All five Monroe County commissioners on Monday said they oppose any proposal that would dissolve or take growth management responsibilities away from the DCA.

"DCA has been a watchdog for our community in the past when most felt our local representation did not reflect the voters' direction," said County Commissioner Kim Wigington. "Public oversight is the backbone of good government. I have supported the DCA oversight in the past.

"While I disagree with the DCA's encouragement to the county to offer incentives to developers to preserve working waterfront in the Keys, I still support the extra part of the public process DCA offers as oversight."

Wigington said she acknowledges the merit of the state not wanting to duplicate services, "but at what cost to our community character and public oversight?" she said.


Saunders agrees

State Rep. Ron Saunders, D-Key West, agrees with the county commissioners. Saunders on Monday said he opposes the proposals because they would eliminate the oversight that aims to curb over-development.

"I don't think it's a good idea. Department of State does not seem like the appropriate place to put some of these responsibilities," he said. "Department of Community Affairs provides an important role. This is just a way to eliminate them and save some money. But I am not sure if there would be a cost savings. I am not sure how far this will go, but if the Republicans want to push it they could because they do have the votes to do it." In addition to providing grant funding for affordable housing and habitat conservation, DCA each year reviews about 8,000 proposed changes to land use plans throughout the state, spokesman James Miller said.


Oversight role

The DCA has long been an integral component in planning and growth management for Monroe County and Florida Keys municipalities, often keeping local governments in check when they venture too far afield of their comprehensive plan goals.

Due to the Keys' environmental significance -- and past failures by local government to keep development under control -- the Legislature in the 1970s designated the county as an Area of Critical State Concern.

That designation gives the DCA oversight of land use regulations in the Keys, thus ensuring that development doesn't exceed infrastructure capacity, environmental carrying capacity or the ability to evacuate the county when threatened by a major hurricane.


County shortcomings

In recent years, DCA planners repeatedly have found that the county and Keys municipalities have not done enough to implement advanced wastewater treatment.

The lack of adequate sewage treatment has long been identified as a major source of nearshore water pollution, and the state established a 2010 deadline for sewage treatment systems throughout the county nearly a decade ago.

Protection of native habitat also has been a frequent point of contention between the agency and Keys governments.


Controlling permits

The DCA annually reports to the governor and state Cabinet on the Keys' progress on meeting goals for affordable housing, habitat conservation and water quality, among others. If the county falls short of these goals, the governor and Cabinet can reduce the amount of new development allowed in the Keys.

Past county commissions have sought to have the Critical Concern designation lifted, but that doesn't appear likely anytime in the near future.

Since the fall 2008 elections, when two developer-friendly commissioners lost their seats, the County Commission has worked more cooperatively with the DCA.

Hukill, the House bill's sponsor, could not be reached for comment Monday. No one answered her Tallahassee or Port Orange office telephones.


tohara@keysnews.com - Published Tuesday, March 24, 2009

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