Today the Florida Legislature passed a bill that makes it potentially financially ruinous for citizens to challenge bad development decisions in court. By awarding prevailing parties attorneys' fees, organizations like the Hold The Line Coalition and other groups will have a difficult time making challenges to bad decisions- like the 836 Extension and the South Dade Logistics and Technology Center- because they would have to pay for both sides if they lose.
This is financially risky for individuals and community groups, and incentivizes opponents to run up legal bills to maximize the expense of a loss even when victory seems likely.
The path forward is clear. Governor DeSantis must stand by the priorities he identified in Executive Order 23-05 to protect the planning process and the balance between citizens' rights and growth. More information and take action at the link:
It was a good week in the Miami-Dade Commission Chamber: an important reform to County procedure gained approval and the dangerous Agrihood application was deferred until no date certain. These wins were made possible by the hard work of so many Coalition members and allies, so thank you to all who have sent letters, made calls, or spoken at the BCC.
Tuesday, Comm Danielle Cohen Higgins' item to cap deferrals for CDMP applications passed the Commission with a unanimous vote. This welcome change places reasonable limits on the time and resources the public, county staff, and Commissioners devote to analyzing constantly evolving applications. The deferral cap will compel applicants to submit proposals in good faith, rather than evading public scrutiny with last minute changes.
Thursday, the "Agrihoods" application to expand uses permitted in the Agriculture land use category was deferred to no date certain. Commissioners comments were overwhelmingly negative (watch here) and cited many of the concerns the Coalition raised in opposition. Based on the discussion, it seems likely this application won't return until after the delivery of the Agricultural Lands Study in August as the Coalition and allies recommended.
This vote was a positive first step for the new Commission. At a minimum, a sweeping change to County policy to allow development in locations key to restoration will not be rubberstamped.
Prevent Approval of Application to move UDB in District 12 (MIA West Logistics Park):
Basis for Opposition:
In addition to promoting urban sprawl, this scarce and productive agricultural area contains wetlands previously identified as habitat that should not be inside the UDB.
Where We Stand - Status of Application and Need for Action:
Hold The Line in District 11 - Green City.
Basis for Opposition:
This application would eliminate 316 acres of agricultural land at the edge of the Everglades. The development of this land would increase the chances of more development and even more urban sprawl.
Where We Stand - Status of Application and Need for Action:
Oppose 836 Extension (AKA the Kendall Parkway):
Related News Coverage: CBS 4 Miami Coverage, Miami Herald Editorial, Miami Herald Post-Vote Article, WLRN Article
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Gov DeSantis, Veto HB 359/SB540!
Tuesday the Florida legislature passed HB359/SB540, a bill which will turbocharge sprawl by forcing citizens to pay financially ruinous attorney fees to prevailing parties if they challenge bad development decisions in administrative court.
This bill is bad for water, bad for the Everglades, and bad for Florida. Tell Governor DeSantis to uphold his pledge to support sustainable growth expressed in EO 23-06 and veto this bill.
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