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SB 360 growth management law declared unconstitutional

Posted Aug 26, 2010 by Catherine Whittenburg, Tallahassee bureau

Updated Aug 26, 2010 at 04:14 PM

A Leon County circuit court judge has declared a 2009 growth management law unconstitutional.

The controversial legislation, SB 360, made it easier for developers to fill in urban areas by dropping transportation concurrency requirements. A group of cities and counties including Weston and Miami Gardens challenged the law, arguing that it amounts to an “unfunded mandate” because costs associated with traffic mitigation pass on to local governments.

Circuit Court Judge Charles Francis agreed, ordering that the law be stricken from state statutes.

There’s no word yet from state defendants—the Legislature, Gov. Charlie Crist and the Secretary of State—about an appeal; Jennifer Davis, spokeswoman for the Secretary of State, said state officials are reviewing the ruling now.