Two bills in the Florida Legislature could have major impacts on rural development in Seminole and Orange counties, leading local officials to make their voices heard in Tallahassee.
If passed, the highly controversial Senate Bill 1118 and House Bill 1209 — introduced by state Republican lawmakers Sen. Stan McClain and Rep. Kevin Steele — among other development changes, would restrict local rules on development and allow property in a rural boundary area to be developed “without any type of public hearing and without any regard to the county’s comprehensive plan, without any regard to the rural boundary,” Oviedo City Manager Bryan Cobb said.
In addition to the potential impacts on development rules, the bills would undo local charter amendments and other referendums passed after June 1, 2011. This would mean that the two recent Seminole County charter amendments — which more than 82% of voters approved in November and which strengthened rural boundary protections by requiring a supermajority vote to change boundary lines — would become null and void. Orange County’s entire rural boundary charter amendment, which established protections for a large swath of land in the county and was approved by 73% of voters in November, would be retroactively dismantled.
“The problem I have with all of that is that was, first, a ballot initiative voted on by the citizens of this county, overwhelmingly … so, arguably, it’s not a political issue on the right or left,” Seminole County Commissioner Jay Zembower said. “Never have I seen it. … I can’t think of a single [piece of legislation] that comes to mind where legislatures have overturned the will of the people.”
Seminole County’s original rural boundary charter amendment was approved by 56% of voters in 2004, and would not be impacted directly if passed.
However, in addition to the removal of the supermajority protections, Zembower said it is not out of the realm of possibility that even that could change.
“Somebody might sneak an amendment in there toward the last minute or something like that,” he said. “We’ll just have to watch it.”
Elected officials in both Seminole and Orange counties are working to fight against the bills, even making the drive to Tallahassee to speak to state representatives directly.
Oviedo Mayor Megan Sladek traveled to the state capital last week, speaking with Oviedo Rep. Susan Plasencia, Winter Springs Rep. David Smith, Orlando Rep. Jennifer “Rita” Harris, Rep. Rachel Plakon and Rep. Doug Bankson; Senators Jason Broduer (Seminole and parts of Orange counties), Kristen Aston Arrington (Osceola and parts of Orange counties) and Carlos Guillermo Smith (Orange County), and to an aide for the bill’s Senate sponsor, Ocala’s McClain.
After speaking to the half-dozen Central Florida representatives and senators, Sladek said she believes “they are all opposed.”
During its March 31 work session, all five Oviedo City Council members agreed to sign a letter in opposition to the bills and send it to members of the state legislature, including Plasencia, Brodeur and the members of the Senate Regulated Industries Committee.
Plasencia told OCN she would vote against the bill in the House if it gets to that point.
“My position has always been that I will oppose any bill in Tallahassee that prevents constituents from working through their local governments to regulate their rural boundaries, which is why I am currently opposed to HB 1209 – Land Use and Development Regulations,” Plasencia said in a statement to OCN. “While I will be voting against it, I have been assured that this bill will not affect Seminole County.”
In a follow-up statement, however, an aide to Plasencia said she “does not have any specific assurances that she can share. However, several people in Tallahassee have shared with her that they believe the bill would not affect the rural boundary of her area in District 37 and Seminole County.
“Whether those beliefs are reliable or not, she is still opposed to the bill,” the aide wrote.
Orange County Commissioner Kelly Semrad made a similar trek to Tallahassee on March 18 to “try to defeat the bill.”
“You’ve got constituents advocating on both sides [of the political spectrum] to not approve it,” she said. “But we’re fighting the development industry on it, so it has massive implications.”
Additionally, groups such as Save Rural Seminole, Save Orange County and 1000 Friends of Florida have been working to lobby lawmakers to oppose the bills. Cobb, Oviedo’s city manager, said that the Florida League of Cities called the bills “a developer’s wishlist, is how they phrased it.”
The amount of officials, advocacy groups and residents working together has definitely caught Sladek’s attention.
“It’s a total team effort,” she said. “Some of them personally believe in the rural boundary, and some personally do not. But every last one of them said, ‘This is the will of the voters and I will stand up for the will of the voters.’
“And I thought, that’s what I want to hear. This is what we voted on and we’re going to stick by it,” she said.
While the Senate bill passed its first test on March 17, advancing through the Community Affairs Committee on a 5-3 vote, Sladek feels it may not go much further than that. It is currently in the Senate’s Regulated Industries Committee, but a hearing has yet to be scheduled. The House version currently sits in the Housing, Agriculture and Tourism Subcommittee.
“I think the bill is dead,” she said.
However, that is not a certainty until the bill either fails, is withdrawn or the legislative session, which runs through May 2, ends without it being voted on.
Zembower said that while he and other officials are working in opposition to the bill, residents can make their voices heard, as well.
“My advice is the 83 or 84% who voted affirmative for this action this past year should pick up the phone, call their legislators and tell them, ‘do not vote in favor of this,’” he said. “All those people should be contacted and told what the feelings of the people are.
“If this is what the voters wanted, who are we to tell them that’s not what [will happen]?” he said. “It goes against the absolute government by the people, for the people. I mean, that’s what our country is founded on.”
Want to contact your elected leaders and weigh in on this topic? Find their contact information below. Have a news tip or opinion to share with OCN? Do that here.
District office: 407-333-1802
Tallahassee office: 850-487-5010
Capitol Office: (850) 717-5037
District Office: (407) 633-3730
Capitol Office: (850) 717-5038
District Office: (407) 971-3570
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