Incremental evolution and devolution of Florida's Coastal High Hazard Area policy

Abstract

Demarcation of Coastal High Hazard Areas (CHHAs) in Florida dates back to the passage of the landmark Growth Management Act (GMA) of 1985. There have been two subsequent legislative changes in 1994 and 2006. This paper draws on theories of policy implementation, policy framing and policy learning to shed light on this ‘natural experiment’ and to offer clues about factors that impact how and why policies evolve and devolve even after multiple revisions. Although the case study is focused on Florida, the lessons are transferable to land use and environmental policy makers seeking a balance between economic development, property rights and environmental risk.

Keywords:

• Florida's Coastal High Hazard Area
• policy formulation
• policy learning
• incrementalism

Acknowledgements

This paper is based on research supported in part by a grant from the Florida Hurricane Alliance to Florida Atlantic University's Center for Urban and Environmental Solutions. The findings and opinions reported are those of the authors and are not necessarily endorsed by the funding organisation. The authors wish to thank Jim Murley for insights into the complexity of coastal planning and regulation, and the anonymous reviewers for their invaluable and detailed feedback, comments, advice and suggestions. In addition, numerous planners, environmentalists and planning advocates were consulted throughout the 18-month research process. Important insights were offered by: Glenn Margoles, Broward County Emergency Management Agency; Gary Appleson, Caribbean Conservation Corporation; Cynthia Palmer; Charles Gauthier; Vicki Morrison, Florida Department of Community Affairs; Wayne Kiger, Environmental Preservation Committee of the Florida Senate; Michael Kliner, Environmental Regulation Committee of Florida House of Representatives; Betti Johnson, Tampa Bay Regional Planning Council; and Charles Pattison, 1000 Friends of Florida.

Notes

1. SLOSH (Sea Lake and Overland Surge from Hurricanes), was developed by the National Weather Service to calculate potential surge heights from hurricanes.

2. Devolve here means change form, degenerate during the process of changing.

3. FS 380.27 prevented the state from funding additional infrastructure to the barrier islands. This meant the findings of the Hurricane Evacuation Studies (HES) became a threshold measure of maximum population densities and development.

4. The 19-member Committee included State Senator Charlie Clary and State Representative Holly Benson; the Secretaries of the Florida Departments of Community Affairs, Environmental Protection, Health, and Transportation; the Executive Director of the Florida Fish and Wildlife Conservation Commission; the Director of the Division of Emergency Management; the Commissioner of the Office of Insurance Regulation and Director of the Office of Tourism, Trade and Economic Development. In addition, the Committee had members representing the Florida Building Commission; the Florida League of Cities; the Florida League of Counties; the Florida Shore and Beach Preservation Association; the insurance industry; an environmental advocacy entity; property owners and home builders. (Florida Department of Community Affairs 2006)

5. See Florida, State Administration Commission, Department of Community Affairs versus Lee County AC case No ACC-06-012, 16 November 2006.

6. The Senate version of the Bill was dropped in favour of HB 1359.

7. Florida's administrative rule 9J-5.012 (3)b (6) instructs localities “to direct population concentrations away from known or predicted coastal high-hazard areas” and 9J-5.012 (3)b (7) requires them to “maintain or reduce hurricane evacuation times”.

8. This assertion stems from a review of agendas, notes of proceedings and presentations of the CHHA Study Committee's four meetings and discussion with Committee participants.

9. A review of all Bills proposed to the legislature included the following summary of HB 1359: “These Bills were written to allow development in coastal areas that have been designated high risk for storm damage. In exchange, the developer may mitigate by building hurricane shelters and paying for evacuation routes”. The Bills were developed for the benefit of the St. Joe Company, a development company with large land holdings in the Florida Panhandle. Florida League of Conservation Voters (2006) Florida's 2006 Legislature: Representing You? Retrieved 10/1/2007 from www.floridalcv.org/scorecards/2006/legislation.htm. It also is worth noting that the St. Joe Development company, which was responsible for the amendment language and the SLOSH Category 1 definition, is involved in several coastal development projects in the Panhandle. In numerous areas of the Panhandle the coastline topography is marked by beaches adjacent to high bluffs – bluffs that would fall out of the area of the SLOSH for a Category 1 hurricane.