STAFF LIAISON
Adrienne Stepan
GA Coordinator
407-629-9242 ext. 110
Hot Issues
October 2011: Orange County Advisory Board Vacancy Report
Affordable Housing Advisory Board
Building Codes Board of Adjustments / Appeals
Civic Facilities Authority
Planning and Zonning Commission
For more information about Orange County’s advisory boards or to request an application, please contact the Agenda Development Office, P.O. Box 1393, Orlando, FL 32802-1393, or call (407) 836-5426.
Industry Highlights of Legislative Session
In one of its most successful legislative sessions ever, the Home Builders Association is poised, pending action by Governor Rick Scott, to achieve virtually all of its 2011 legislative priorities.
Growth Management : Leading the list is sweeping growth management legislation that rolls back a myriad of state rules and regulations in favor of local oversight. The HBA closely monitored the Legislature’s sunset of the Department of Community Affairs, whose functions will be transferred to a new economic development-focused agency.
Affordable Housing: In another victory for removing barriers to affordable housing, the burden of proving that a development negatively impacts the environment shifted from the developer to the challenging party, which now must justify its position. Also, the Association played a lead role in the Legislature’s removal of the cap on funding the Sadowski Affordable Housing Trust Fund ($75 million was permanently redirected from Sadowski into an economic development super-fund, for which housing assistance will be an eligible use).
Statewide Referendum on Property-Tax Exemption for First-Time Home Buyers: The HBA joined the Florida Realtors® to successfully support legislation authorizing a statewide referendum on a proposed constitutional amendment that creates a super-sized, property-tax exemption for first-time home buyers and was instrumental in clarifying the condo bulk-buyer law passed in the 2010 session.
Licensing for Home Inspectors / Positive Building Code Changes: Sponsored by freshman Rep. Daniel Davis (R-Jacksonville), an HBA-supported bill licensing home inspectors (with a grandfathering provision for licensed contractors) and making favorable changes to the Florida Building Code won legislative approval.
Funding of Septic Tank Study: On the septic tank front, the Legislature funded Phase III of an HBA-supported study of alternative systems and left in place, pending rule making, a statewide septic tank inspection program.
Unemployment Compensation / Sinkhole Coverage: The HBA also enjoyed success with an unemployment compensation bill that effectively prevented the construction industry from paying higher rates (an estimated savings of $72 per employee) and supported a property/casualty insurance bill that mandates sinkhole coverage but eliminates abuses related to sinkhole claims.
Impact Fee Burden of Proof: FHBA saw the reenactment of a state law (originally adopted in 2009 then challenged in court) that makes it easier for builders to challenge local impact fee calculations, shifting the “burden of proof” to local governments.
Orange County Impact Fee Reduction Ordinance Approved
On May 10th, the Orange County Commission unanimously approved an Impact Fee Reduction Ordinance.
New Rates Effective May 13, 2011
School Impact Fee Rates
|
|
Current Fee |
New Fee |
Percentage Decrease |
|
Single Family |
$13,041 |
$6,525 |
50% |
|
Multi-Family |
$7,338 |
$3,921 |
46% |
|
Mobile Home |
$6,994 |
$4,345 |
38% |
Other Residential Impact Fee Rates
|
|
Current Fee |
New Fee |
Percentage Decrease |
|
Law |
$207.84 |
$155.88 |
25% |
|
Fire |
$222.69 |
$167.02 |
25% |
|
Road |
$3,825.00 |
$2,868.75 |
25% |
|
Parks |
$1,391.07 |
$1,043.30 |
25% |
Total Impact Fees for Single Family
|
|
Current Fee Total |
New Fee Total |
Percentage Decrease Total |
|
Single Family |
$18,688 |
$10,760 |
42.4% |
Background Information
At their March 29th impact fee reduction workshop, the Board of County Commissioners directed county staff to draft an ordinance that would cut all impact fees across-the-board by 25% until new impact fee studies are produced, or for 18 months, whichever occurs first. Since the School Impact Fee Advisory Group had finished their review of the revised School Impact Fee Study, the 50% fee reduction the new study called for was included in this ordinance.
Home Builders Go To Washington DC
Florida’s Home Builders took the housing industry’s message to the nation’s capital last week during the National Association of Home Builders (NAHB) Spring Legislative Conference in Washington, DC. They joined 400 NAHB members from around the country that came to the capitol to push for more ready access to credit for acquisition, development and construction, and for the preservation of key housing incentives such as the mortgage interest deduction and the exclusion of capital gains taxes on the sale of a new home.
“Overall, our congressional delegation was supportive,” said Karen Koelemij, who represents Florida on the NAHB Executive Board. “Everyone is interested in jobs and economic recovery and they understand that a viable housing industry can help achieve those goals.” Past FHBA President Chuck Fowke brought the financing issue home in a one-on-one with Congressman Allen West (R-South Florida). “It used to be that the challenge was building a quality home and getting a ready and willing buyer,” said Fowke. “Now, getting to that point sets the stage for the biggest challenge of all: securing financing.”
The national association is promoting a construction lending bill by Congressman Gary Miller, a California Republican, that would reduce regulatory restrictions on lending to builders, prevent lenders from calling performing loans, and base appraisals on “as-completed” value instead of liquidation value. “We had good reports on the Congressional visits,” said Gainesville home builder Barry Rutenberg.
Florida Legislature Moves Housing Bills Forward
With each passing week of the 2011 session of the Florida Legislature, the Home Builders Association moves closer to achieving its legislative priorities. Last week, a growth management bill advanced that, among other streamlining features, would eliminate mandates for school and transportation concurrency. HBA supported measures to study alternative septic tank systems, maintain a statewide septic tank inspection program, and license home inspectors continued to work their way through legislative committees in Tallahassee.
The Association has protected the construction industry from being discriminated against in unemployment compensation fees and is closely monitoring a property insurance bill that could impact the coverage available for sinkhole-related liabilities. FHBA’s Legislative Visitation is set for April 13-14, 2011 in Tallahassee where Association Members are urged to come to the state capitol to lobby their legislators on industry priorities.
It's time to take the fight to them!
On November 2, 2010, we defeat Amendment 4. Since then, everyone has been asking what's next?
Osceola Chapter Issues
Osceola Energy Initiative
Congressman Posey Summit
Osceola Comp Plan Amendment Cycle 2011
Coalition To Remove Regulatory Barriers
Click here for the February presentation
Septic Tank Inspections Delayed
The bill passed in the 2010 special session of the Florida Legislature to delay the implementation of the state’s new septic tank inspection program until July 1, 2011 has become law. Governor Rick Scott allowed the bill to become law last week without his signature.
Senate Bill 2A was passed by the Legislature on November 16, 2010 after residents of the Florida Panhandle protested the implementation of Senate Bill 550, which would have required mandatory septic tank inspections every five years. “SB 2A allows the Legislature proper time to review these burdensome inspections that would hurt so many Florida families and businesses,” said Rep. Marti Coley (R-Marianna).
The Florida Department of Health (DOH) estimates that inspections would cost $150 to $200, according to a Senate bill analysis. Replacing failing septic systems could cost $5,000 to $7,000. DOH estimates that 10 -percent of Florida's 2.6 million septic tanks are failing.
2011 Legislative Session Update
Although the 2011 Legislative Session is still six weeks away, the Home Builders Association is already hard at work preparing to achieve the Association’s legislative priorities. During Senate and House committee meetings in Tallahassee, the FHBA was weighing in on key industry issues, including growth management, impact fees, immigration (requirements and penalties for employing illegal immigrants), Department of Business and Professional Regulation (DBPR) reorganization, unemployment compensation rates, and water policy.
According to Doug Buck, FHBA Director of Governmental Affairs, Sen. Mike Bennett (R-Sarasota) is sponsoring several bills that address HBA priorities, and freshman Rep. Daniel Davis (R-Jacksonville), the Executive Director of the Northeast Florida BA, is sponsoring the building code/home inspector bill in the House. FHBA General Counsel Keith Hetrick of the Broad and Cassel law firm is handling water, septic tank, and storm water issues.
Association members will receive updates on key legislative developments via the Action News and fhba.com. Also, members are encouraged to attend the Legislative Conference (in Tallahassee on April 13-14) and take part in the Association’s 2011 legislative action, which includes individual meetings with Metro Orlando legislators.
Agency Rule-Making Suspended
Florida Governor Rick Scott has issued an Executive Order that freezes all new regulations and establishes the Office of Fiscal Accountability and Regulatory Reform, which will review all rules prior to promulgation as well as agency practices and contracts. The order immediately suspends rulemaking for all agencies under the direction of the Governor; imposes 90-day suspension on execution of any contracts with a value in excess of $1 million, without prior approval from the Office; and prohibits agencies from promulgating rules unless they obtain prior approval from the Office. The order is part of Scott’s overall plan to reduce government regulation, remove regulatory burdens on small businesses, and enhance Florida’s economic development opportunities.
Osceola Commissioners to Discuss Moratorium for Transportation Impact Fees on Commercial Property
On Monday, January 10th, the Osceola County Commission will hear recommendations from the County Manager for a 12-month moratorium on Transportation Impact Fees for commercial property.
Osceola Chapter HBA leaders have met individually with Commissioners and urged them to include residential fees in the moratorium as well.
Action Requested
If you live or do business in Osceola County, please let Commissioners know that you would like them to include residential impact fees in the proposed moratorium by 1) sending Commissioners an email AND 2) attending the January 10th BCC meeting.
Email Addresses for Osceola County Commissioners
Commissioner Michael E. Harford, District 1
Commissioner John "Q" Quiñones, District 2
Commissioner Brandon Arrington, District 3
Commissioner Frank Attkisson, District 4
Commissioner Fred Hawkins, District 5
Meeting Details
The Osceola County Commission meeting is scheduled for 5:30 p.m. Monday, January 10th and will be held in the Board of County Commissioners Chambers, 1 Courthouse Square, Kissimmee.
Additional Details on Proposed Moratorium
The interim County Attorney George Nickerson has stated that it is his opinion that the BCC could exclude residential fees from the proposal because the moratorium is temporary.
County staff plans to present the BCC with an amendment to the current Transportation Impact Fee Ordinance at the January 10 Board meeting.
Osceola County Legislative Delegation
Osceola County’s Legislative Delegation will hold a meeting on Friday, January 7, 2011 at 10:00 AM with local governments and at 1:00 PM with the general public. The meeting will be held in the Board of County Commissioners Chambers, 1 Courthouse Square, Kissimmee 34741. Citizens or groups can present issues to the Legislative Delegation which will accept or deny to bring the issue(s) before the State Senate and/or State Representatives in Tallahassee in the upcoming session.
