Senate bill would allow unlimited density, building height on Amelia island

A proposed Florida State Senate bill directed specifically to barrier islands like Amelia Island, would supersede county and city density and height restrictions if passed.

The bill, proposed by State Senator Barbara Sharief, D-Miramar, seeks to significantly loosen restrictions on redevelopment on barrier islands. The bill, an amendment to section 553.8991 of the Florida Statutes, would allow for the highest possible residential density on certain properties, regardless of current zoning or land use policies.

 

Under the proposed legislation, properties located on barrier islands with existing residential zoning, or those that had such zoning at any point since January 1, 2000, would be eligible for redevelopment at the highest density permitted at any time since that date.

This means that even if local governments have since enacted policies to limit density or restrict development, property owners could proceed with construction under the most permissive regulations that ever applied to their land.

 

 

The bill also includes strict provisions preventing local governments from restricting redevelopment in various ways. If passed, municipalities would be prohibited from:

 

• Reducing the development potential of replacement structures beyond what is allowed for comparable parcels within the same zoning district.

• Requiring the replication or preservation of demolished structures or their elements.

• Imposing additional building regulations on new structures beyond what applies to vacant parcels in the same district.

• Adding extra public hearings or administrative processes for redevelopment projects that would not be required for vacant lots.

Supporters of the bill argue that it will streamline redevelopment efforts, especially in areas affected by storms and coastal erosion, by eliminating bureaucratic hurdles. They contend that property owners should have the right to rebuild to the fullest extent previously allowed, which could also incentivize investment and economic growth in these regions.

 

However, opponents, including environmental groups and some local officials, warn that the legislation could lead to overdevelopment in fragile coastal ecosystems. They express concerns about increased density exacerbating flooding risks, straining infrastructure, and undermining local governments' ability to implement smart growth policies.

 

"This is another example of Tallahassee enacting legislation to diminish local home rule.  The needs of Amelia Island are different from other parts of the state, and we should be allowed to govern future development.  This legislation if passed, would turn this barrier island into another over-developed string of high-rises.  It also ignores the environmental risks," said Lyn Pannone of the Amelia Tree Conservancy.

 

Fernandina Beach City Commissioner Genece Minshew wrote on Facebook: "Call your state legislators and tell them to vote no on this bill that will destroy our ability to manage our community."

Julie Ferreira of the Nassau Sierra Club said, "Is nothing anchored in sanity anymore? Fewer, not more, people should live in zones that are vulnerable to hurricanes. The State has sold out to developer interests and could give a damn about residents. Two words: organize quickly.”

The bill is set to take effect on July 8, should it pass through the legislative process. It is currently under review in committee, where lawmakers will consider potential amendments and hear public testimony from both supporters and critics.