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HomeMy WebLinkAboutR-2026-006 Urging Rejection of House Bill 299RESOLUTION NO. 2026-006 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REJECT HOUSE BILL 299/SENATE BILL 354, RELATING TO “BLUE RIBBON PROJECTS” THAT WOULD REQUIRE ADMINISTRATIVE APPROVAL BY LOCAL GOVERNMENT OF MASSIVE DEVELOPMENT OF 10,000 ACRES OR MORE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, House Bill 299/ Senate Bill 354, known as the “Blue Ribbon Projects” bills, would require administrative approval of massive developments of 10,000 acres or more.; and WHEREAS, 10,000 acres is at least 15 square miles of land—and the bill sets no upper limit on the size of these projects; and WHEREAS, the bill creates a framework for a new type of planned community referred to as a “blue ribbon project” (BRP) that according to the Legislature, is intended to balance environmental stewardship with the need for development to provide for future growth; and WHEREAS, the local government’s review of the application is limited to determining whether the proposed BRP meets the bill’s requirements and if the BRP meets its requirements, the applicable local government must approve the project administratively without further action by the local government or any quasi-judicial or administrative reviewing body, all to be accomplished within 60 days of receipt; and WHEREAS, the bill authorizes applicants to hire private companies to conduct plan reviews and building inspections; and WHEREAS, if a BRP is approved, the bill requires the applicant to publish notice of the approval in a newspaper of general circulation in the area in which the land is located within 14 days after the approval is issued; and WHEREAS, the applicant must also record the blue ribbon plan in the public records of the county in which the project is located. WHEREAS, the bill: establishes requirements for a proposed development to qualify as a BRP, provides criteria for the types of development must be contained within each BRP, and requires each BRP to be developed in accordance with a blue ribbon plan that adopts a longer planning period than local government comprehensive plans; and RESOLUTION #2026-006 2 WHEREAS, BRPs may be located in any future land use designation and zoning designation without the need for a comprehensive plan amendment or rezoning. The bill provides an appeal procedure for applicants who are denied approval for a BRP or for persons whose substantial interests are impacted by the approval of a BRP; and WHEREAS, under the proposal, developers would be required to set aside 60% of the land as “reserve” and incorporate elements of walkability and compact design; and WHEREAS, the bill strips away the planning framework needed to evaluate whether these projects are appropriate, feasible, or compatible with surrounding areas; and WHEREAS, local governments would have just 60 days to determine whether a proposed project meets the bill’s vague criteria, and if the local governments cannot complete their review in time, the project is automatically approved and granted 50 years of vested development rights, even if no construction ever begins and may be extended for an additional 25 years; and WHEREAS, the bill requires the residential portions of the development area to be varied in the types of housing available, with a mix of single-family and multi-family units provided in both attached and detached forms. WHEREAS, density in the residential portions of the BRP is limited to 12 units per gross acre, as measured in combination throughout all phases of the project, and at least 20 percent of the residential units within each phase of the project must be a combination of affordable housing for persons at or below 80 percent of area median income, “missing middle housing,” and housing that is affordable for persons eligible for the Florida Hometown Hero Program; and WHEREAS, the bill requires at least 10 percent of the development area to be allocated for non-residential land uses; and WHEREAS, in addition, per the Legislature, a portion of the area must be intended for uses that provide economic development and create high-wage jobs, which must be located in a part of the BRP that is accessible by an interstate interchange, a state road, a rail line, an airport, or other transportation facility, and the non-residential portions of the development area are subject to a maximum intensity of 85 percent impervious surface ratio per gross acre, as measured in combination throughout all phases of the project; and RESOLUTION #2026-006 3 WHEREAS, the bill encourages local governments to enter into public-private partnerships to provide public facilities, including partnerships for water storage and other water quality and capacity improvements that operate in the same manner as public-private partnerships for water improvements on private agricultural lands; and WHEREAS, if a project under a blue ribbon plan contributes land, funds, or otherwise causes the construction of public facilities necessary for achieving concurrency, the project must receive dollar-for-dollar credits against impact, mobility, proportionate share, or other fee credits from the local government for such facility improvements as required under the concurrency statute; and WHEREAS, the bill provides that any easement granted to the Department of Agriculture and Consumer Services for the Rural and Family Lands Protection Program, or any other easement or property granted to any other state agency, a water management district, or a local government, must be granted without charge; and WHEREAS, if a local government denies an application for a BRP, the applicant may appeal the decision by filing a written petition with the Department of Commerce pursuant to certain provisions of the Administrative Procedure Act, 4 within 21 days after receipt of the denial; and WHEREAS, additionally, any person whose substantial interests are or may be affected by a local government’s approval of a BRP may file a written petition with the Department challenging the approval within 21 days of the publication of public notice of the BRP’s approval; and WHEREAS, the petition must clearly state the reasons for the petition and describe how the project will adversely affect the person more substantially than the general population of the geographical area in which the project is located; and WHEREAS, the petitioner must provide a copy of the petition to the local government and if it is timely filed, the applicant may intervene as a party to the hearing; and WHEREAS, upon receipt of an appeal or petition, the Department must hold a hearing in according with Ch. 120, F.S., and determine whether the BRP meets all requirements and issue a final order granting or denying the application; and RESOLUTION #2026-006 4 WHEREAS, the bill authorizes a prevailing party in proceedings brought by a person whose substantial interests are or may be affected by the local government's approval of a BRP to be awarded reasonable attorney fees if the non-prevailing party has been determined by the administrative law judge to have participated in the proceeding for an improper purpose. WHEREAS, if enacted it would become effective July 1, 2025; and WHEREAS, with the possible loss of property tax revenue, and the short turn around to have local government staff review projects that are over 15 square miles in size, which is the size of a Development of Regional Impact (DRI), and the burden on local resources is overwhelming and would not allow the public to provide input into the process during a quasi-judicial public hearing; and WHEREAS, according to the Legislative analysis the bill may have an indeterminate fiscal impact on the state and local governments to the extent the development of BRPs require additional local government services. WHEREAS, the Florida League of Cities urges cities to contact their legislatures to reject the bills; and WHEREAS, the City of Dania Beach (“City”) does not support House Bill 299/Senate Bill 354. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City urges the Florida Legislature to reject (VOTE NO) on House Bill 299/Senate Bill 354. Section 3. That the City Clerk is requested to send a copy of this Resolution to the Florida Legislature, the Office of Governor Ron DeSantis, the Broward League of Cities, the Florida League of Cities, to the other Cities of Broward County, the Broward County Board of County Commissioners and any other interested parties. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective immediately upon its passage and adoption. RESOLUTION #2026-006 5 PASSED and ADOPTED on January 13, 2026. Motion by Commissioner Lewellen, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY