Sunday, October 31, 2010

So much for Jeff Atwater

On August 26, 2010, a circuit judge threw out the 2009 developer-backed law known as SB 360 that relaxed transportation and other requirements in targeted, high-density districts around the State. After the Circuit Court denied a motion for rehearing, the Honorable Jeff Atwater, President of the Senate, and the Honorable Larry Cretul, Speaker of the House, appealed the decision to the First District Court of Appeals on September 24, 2010.

Friday, October 29, 2010
In City of Weston v. Crist, et. al, the Leon County Circuit Court declared Senate Bill 360 unconstitutional. If you remember, Charlie Crist had edged away from the environment in protection of developer interests.

Subsequent to this appeal, the Department of Community Affairs issued a statement on its web site as follows:
  • Under Appellate Procedure 9.310(b)(2), the appeal stays the effect of the Circuit Court's decision. Accordingly, Senate Bill 360 is in effect and local governments are entitled to rely on the provisions of Senate Bill 360 so long as it remains in effect. Regarding the Department's review of plan amendments, the Department will apply the provisions of Senate Bill 360 if and wherever they are applicable.” Source
So much for Jeff Atwater who is obviously in the pocket of developer's interests over the taxpayer residents of Florida. Remember this on Tuesday--just another reason why we need Amendment 4 to pass.

No comments: