Development proposal stalls over pilot plan

A late amendment could unleash unregulated growth, foes say.

By REBECCA CATALANELLO AND MICHAEL VAN SICKLER
Published May 4, 2007

TALLAHASSEE - Lawmakers and state officials are deadlocked over a proposed pilot program that would significantly curtail the state's oversight of growth plans for Tampa , Pinellas County and other exploding communities around the state.

The impasse on HB 7203 could spell disaster for legislation that until last week included elements that developers, cities, state growth leaders and some environmentalists pretty much agreed upon.

But under an amendment introduced by Sen. Daniel Webster on Wednesday, several urban areas would be relieved from requirements they submit their growth plan changes to the state Department of Community Affairs, the agency charged with regulating growth.

The Florida League of Cities agrees with the change in principle partly because it strengthens local control and could enable municipalities to avoid getting tangled in state bureaucracy.

But the Community Affairs Department, environmental groups and even some bay area planners worry the measure could perpetuate unregulated growth and damaging sprawl.

"It's kind of like a teacher and homework, " said Ray Chiaramonte of Hillsborough County 's Planning Commission. "You'll do a better job if you know the teacher is going to look at it. As planners, we behave more responsibly knowing the state will look at it."

Sen. Ronda Storms, R-Valrico, is trying to remove Tampa from the list of communities in the program.

New Community Affairs Secretary Tom Pelham met on and off with legislators Thursday in an effort to find a pilot program he thought might work better. Pelham wouldn't say whether he would ask the governor to veto the bill if it makes it through the Senate. As originally crafted, it made minor changes to a 2005 law that set up requirements for local government agencies like schools and cities to coordinate expansion plans with the county and with one another.

Pelham favored some of its earlier provisions, including one that changes the law so that developers are responsible only for repairing their environmental impact, not pre-existing problems.

But, Pelham said, "the good things the department came up with are not necessarily enough to outweigh everything that's been added since."

The newly amended and increasingly confusing bill was on the House agenda Thursday, but leaders postponed its discussion until today. It was unclear whether it would make it into discussion before the session ends at 6 p.m. today.

Citizens to require shutters on vulnerable, pricey homes

By JENNIFER LIBERTO
Published May 4, 2007

TALLAHASSEE - Homeowners whose dwellings are insured for $750, 000 or more in Pinellas County and other coastal areas will need hurricane shutters to get insured by Citizens Property Insurance Corp. beginning July 1, 2008.

The Legislature sent to the governor a bill designed to force those in pricey coastal homes to fortify against hurricanes. But the measure was so watered down that its sponsor, Sen. Bill Posey, said he's not satisfied and plans to continue to push for more widespread fortification in coming years.

"No, I'm not satisfied, but it's the best we can do this year, " said Posey, a Rockledge Republican.

The House bill passed the mitigation package by 90-28 Thursday, with Republicans and Democrats in coastal areas opposing it. The governor has indicated he supported the idea.

The mandate for buying shutters affects policyholders who live in homes insured for $750, 000 in the state's wind-borne debris region - west of U.S. 19 in Citrus, Hernando and Pasco counties and all of Pinellas. It also affects those in similarly pricey homes in the wind zone who want to take out a building permit for any activity, such as a home renovation, estimated to cost $50, 000 or more.

Posey's earlier version of the bill, which stalled Monday, had the insured value of a home at $300, 000 and no value limit on building permits.

Tax inaction leaves home sales in limbo

Realtors fear the wait for a special session will stall a struggling real estate market.

By TOM ZUCCO
Published May 4, 2007

Not just city and county governments are worried about what's going to happen next.

As the Florida Legislature spends the next month and a half grappling with the property tax crisis, the real estate industry fidgets on the sidelines, watching sales figures fall and growing more anxious by the minute. Their fear: Florida 's already struggling housing market will sink further with would-be buyers waiting until legislators decide the future of property taxes.

"It's not a perfect storm. More like a perfect calm, " Jim Knetsch, owner of RE/MAX Realty Associates Inc. in Carrollwood, said of the legislative uncertainty.

The Legislature will tackle property taxes in a special session June 12-22, but it could be weeks or months before the full effect of the legislation is known.

The timing couldn't be worse as the real estate market begins its busiest time of the year. Over the past seven years, May and June have been the strongest months for home sales in the Tampa Bay area.

As of last month, a record 30, 000-plus single-family homes were listed for sale in the Tampa Bay area, and for the first time in three years, the median sale price in Pinellas County dipped below $200, 000.

Realtor Nancy Baird doesn't mince words when asked about having to hang on another six weeks or longer. "It's a huge problem because so many people are waiting to see what happens, " Baird, a sales agent for Baird Realty Group in St. Pete Beach, said Thursday. "They're scared they won't be able to take their Save Our Homes cap with them. I have a customer who's selling her condo and renting instead of buying because it's cheaper."

And if losing the cap doesn't stop buyers, Baird said, the sheer amount of the taxes will. Baird recently sold a home in St. Petersburg that had an assessed value of $230, 000. Because the home had been on the market 18 months, it sold for the discounted price of $180, 000.

But the property taxes are $5, 600 a year, and when insurance is added on, the two costs total more than the principal and interest on the loan.

"The buyers had no choice, " Baird explained, "because the house they were living in was sold. Why? Because the taxes and insurance were so high."

Sen. Daniel Webster, R-Winter Garden , said he's doubtful taxpayers would see changes this year.

"Within the tax structure there's not a whole lot of things you could do immediately because of the budget years and the tax rolls that get set, " he said.

Other lawmakers are hopeful taxpayers could get relief as early as this year through a rollback. But solutions, such as allowing homeowners to take their Save Our Homes cap with them when they buy a new house, or doubling the homestead exemption, require statewide approval. That would delay implementation.

Another problem, say those in the industry, is that property taxes aren't the only roadblock.

Nancy Riley, a St. Petersburg Realtor and president of the Florida Association of Realtors, met Thursday with House Speaker Marco Rubio and has been in close contact with Senate President Ken Pruitt and Gov. Charlie Crist. "There are three reasons the market has stopped, " Riley said. "Taxes, insurance and the press.

"The fact the Legislature moved the issue back six weeks probably makes sense so decisions are not made that would have severe ramifications."

Riley said that speculation by investors led to inflated home prices and that Florida 's core market remains strong.

"If it were just one thing, it'd be easy, " said Knetsch of RE/MAX Realty Associates. "But people are waiting not only for more clarity with property taxes, they're also waiting for any impact from insurance law changes, they're looking at interest rates, the problems with sub-prime lenders, and at the national economy."

Knetsch said that if even one was resolved, it could ease much of the uncertainly. "We need something to stir things up in a positive direction."

Times staff writers Jim Thorner and Alex Leary contributed to this report. Tom Zucco can be reached at zucco@sptimes.com or (727) 893-8247.

Legislature passes plan to help wean Florida off fossil fuels

By STEPHEN MAJORS
Associated Press Writer

TALLAHASSEE, Fla. (AP) -- Calling it a landmark for Florida, the Legislature on Thursday sent the governor a comprehensive $62 million plan to help wean the state off imported fossil fuels and inspire industry to produce renewable alternatives.

High gas prices, national security concerns and urgent scientific reports on humanity's effect on global warming pushed Gov. Charlie Crist and state lawmakers this year to begin changing Florida 's lackluster record on energy.

The House and Senate each passed the plan (HB 7123) unanimously Thursday.

Crist is expected to sign the bill, which outlines a plan many other states already follow. Two consumer-oriented facets - a sales-tax break for the purchase of alternative-fuel vehicles and a tax holiday for energy-efficient appliances - didn't make the final product because of budget pressures in a tight fiscal year.

"The only break on the energy rocket was the budget," said Rep. Bob Allen, R-Merritt Island , chairman of the House Energy Committee. "You never want to stop moving forward as a society but the priorities kept cutting into my shopping list."

Renewable energy and environmental groups have largely supported the Legislature's efforts this year, but still said the bill fell short in some areas.

"It would be nice if it had more weight in terms of conservation and promoting solar," said Susie Caplowe, a lobbyist for the Sierra Club. "When are we going to take the really tough steps to really push a solar water heater in each House?"

The bill does have sales tax breaks for the production and distribution of biofuels. It also calls for a greenhouse gas inventory to determine the major pollutants of Florida 's air, and establishes a statewide task force to help implement a coherent energy policy.

"This is a huge step forward for the state of Florida ," said Rep. Rick Kriseman, D-St. Petersburg.

To boost energy conservation, the bill promotes more stringent "green" building codes, particularly for government buildings.

In a move to spur the individual use of renewable technologies, citizens who purchase solar technology for their homes will be able to get a property tax break for the cost and installation of the product. The bill also creates a $20 million cellulosic ethanol demonstration plant, which will be managed by the University of Florida and will use technology from Florida Crystals Corp.

Experts have said Florida - with its sugarcane and citrus waste - is well-positioned to produce cellulosic ethanol, which is more energy-efficient than its largely Midwestern variant, corn ethanol. Ethanol in small amounts can be blended with gasoline and used in all vehicles, while modified vehicles can run on a high blend or full ethanol content.

The bill directs the state Public Service Commission to recommend an appropriate renewable portfolio standard, which is a requirement that power companies produce a certain amount of electricity using renewable fuels. It also calls for a study on implementing a net-metering policy, which gives electricity consumers an incentive to install renewable energy technologies, such as solar, in their homes and businesses. They would then be credited for any excess energy they send out on the grid with their homemade energy production.

At least 20 states already have a renewable portfolio standard, and 35 states have a statewide net-metering policy.

Allen said the House philosophy was to use incentives instead of mandates at first to increase the production of alternative energies. But he said it's likely the Legislature will implement a portfolio standard and a net-metering policy as early as next year after seeing results from the studies.

State Road 50 widening project delayed

By MICHAEL D. BATES
mbates@hernandotoday.com

BROOKSVILLE — Three key road-widening projects slated for Hernando County have either been delayed or postponed indefinitely.

Florida Department of Transportation Spokesman Bob Clifford made the announcement during Thursday’s Hernando County Metropolitan Planning Organization (MPO) meeting.

FDOT trimmed $400 million out of its statewide five-year tentative work program for fiscal year 2007-2008 and 2011-2012.

That resulted in a few “sizeable and significant” work program removals for Hernando County , Clifford said.

The three local projects are:

• State Road 50 from U.S. 19 to west of Mariner Boulevard (deferred from fiscal year 2011 to 2012)

• Interstate 75 from the Pasco-Hernando County Line to S.R. 50 (taken off the five-year plan indefinitely)

• I-75 from S.R. 50 to the Hernando-Sumter County Line (taken off the five-year plan indefinitely)

Clifford said about $100 million was trimmed out of the project list for FDOT’s District 7, which includes Hernando County .

“It could have been much worse, frankly,” County Commissioner David Russell said.

Among other things, the road project delays were necessitated by the reduction in gas tax revenue, increased construction and right-of-way acquisition costs and the downturn in the housing industry, Russell said.

“From what I’ve seen, Hernando County took a light hit,” he said. “There are some huge projects in south Florida that have been deferred indefinitely.”

None of the three projects are so crucial that a one-year delay will make a drastic difference, Russell said.

Other needed projects, such as the widening of County Line Road and Barclay Avenue , are not being affected by FDOT’s deferrals, Russell said.

Escalating gas prices are creating a paradox, Russell said. As more people try to conserve gasoline and buy less gas, there is less tax money for roads.

“That’s a national trend right now, he said.

County Transportation Planning Coordinator Dennis Dix said I-75 is still functioning at an acceptable level of service. However, FDOT removal of the six-laning will still have a long-term effect.

“It’s probably going to impact the rate of development of projects along that corridor,” Dix said.

Because of that, Dix said he doubts the I-75 projects will be “off the plate too long.”

The delay of the S.R. 50 widening is more problematic, he said.

County Transportation Planning Advisor Hugh Pascoe said the state recognizes that the interstate system plays a key role during hurricane evacuations.

These latest project deferrals stress again the importance of finding alternate funding sources for roads, he said.

“We need to look at the whole structure of the way we finance projects (and) how we generate revenue,” Pascoe said.

County Commissioner Rose Rocco said the project deferrals are not a case of Hernando County getting singled out by FDOT.

“This is something they’re doing across the board,” Rocco said.

“We’re just going to have to see how they’re going to allocate the dollars and do the best we can to move forward,” she said.

County Commission Chairman Jeff Stabins said he wasn’t so much concerned with the delay of S.R. 50 from U.S. 19 to Mariner, which is already four-laned.

It is more pivotal that the widening of S.R. 50 be done from Mariner east to the Suncoast Parkway , “where the traffic has just become ridiculous.”

That project is still on FDOT’s five-year plan.

Reporter Michael D. Bates can be contacted at 352-544-5290.

State is putting rail line in gear

Transportation officials will buy land along Central Florida 's planned commuter-rail line.

Jay Hamburg
Sentinel Staff Writer

May 4, 2007

The state will take the first concrete step toward building Central Florida 's commuter rail in the next few months when it starts buying land to build station parking lots.

The Florida Department of Transportation announced Wednesday that it has approval to acquire right of way along the 61-mile rail line running from DeLand to Poinciana. The agency got clearance from the Federal Transit Administration for the purchases after studies showed the new rail cars and parking lots wouldn't harm the environment.

"This is a major milestone in the development of a rail alternative for Central Florida commuters," said FDOT District 5 Secretary Noranne Downs. "We now look forward to finalizing negotiations with our local funding partners to make this project a reality."

Before FDOT begins negotiations and legal processes to buy or condemn land, officials first want to shore up contributions to the $600 million project.

Half the cost of constructing the system will be paid with federal money, 25 percent with state funds and 25 percent will come from counties and cities, including Orange, Seminole, Volusia and Osceola, plus Orlando, Winter Park and Maitland. The state has agreed to pay for the first seven years of operation.

The counties and cities still are negotiating with the state over insurance issues and who would pick up costs if one of the partners decides to leave the group. Some of the local partners also are concerned about how to fund their portion of the project. And all of the governments could face cuts if state lawmakers lower property taxes.

FDOT officials want to be sure the money is in place, but they also don't want to wait so long that land speculators drive up prices.

"The land prices will only go up," department spokesman Steve Homan said.

FDOT has estimated right-of-way costs at $35 million to $50 million for about 130 acres at 11 stations. It will involve the relocation of 26 homes and businesses.

Homan said that FDOT expects to reach agreements in about 60 percent of cases without going through an eminent-domain procedure to take the land. The state hopes to have the land deals finished in 2008.

The rail's first leg from DeBary to downtown Orlando is expected to be completed by early 2010. The rest of the system is scheduled to open in 2013.

Right now, engineers are beginning preliminary designs. And the state is negotiating to buy the tracks owned by CSX Transportation, which will be used for commuter rail. But before the state can complete the track purchase, it must finish a separate survey to see if there is environmental contamination along the lines. So far, nothing significant has been found.

Jay Hamburg can be reached at jhamburg@orlandosentinel.com or 407-420-5673.

Today's Letters: Hickory Hill loss sad for residents

Hernando Times

 LETTERS TO THE EDITOR
Published May 4, 2007

How sad. Our Hernando County commissioners had a chance to show how to regulate responsible growth, which could benefit both developers and residents. Instead, they approved a megadevelopment well outside the scope of our comprehensive plan.

Why couldn't Sierra Properties have accepted the number of homes that fit into our current plan? They didn't have to. They asked for the sun, moon and the stars, and the county commissioners handed them over.

The commissioners said over and over how development was going to come anyway. Didn't they realize they held the power to regulate that growth?

There seems to be no chance left for the "little man" trying to preserve our "old Florida" way of life. Hickory Hill's team of high-paid attorneys and lobbyists won. Future generations of Hernando County residents lost.

Nancy Jergins, Brooksville

Watch campaign contributions

I have a few words for the county commissioners in regard to their votes on Hickory Hill:

"Money talks."

To the residents of our community, watch the campaign contributions next election.

Gerald Todoroff, Brooksville

New homes' lack of buyers 'troublesome'

Builders' decreased pace allows inventory to shrink

Jerry W. Jackson
Sentinel Staff Writer

May 4, 2007

Central Florida's new-home inventory fell during the first quarter, as builders continued to cut back on construction amid slowing demand.

But the number of finished-but-vacant homes "remains troublesome," according to a report released Thursday by Metrostudy, a Houston-based research company that tracks housing activity.

The overall new-home inventory in a six-county area surveyed by the company around Orlando fell 25.9 percent to 17,288 units during the first three months of the year compared with the same period a year ago, a positive sign for restoring balance to the market.

But the decrease came in the under-construction category, Metrostudy said. The number of vacant new homes in the region rose 26.3 percent from the first quarter of 2006.

Builders though, were encouraged to see that the finished-but-vacant category, known as "standing inventory," dropped in the first quarter when compared with the final quarter of last year. That's a trend they expect to continue, said Keith Bass, Orlando division president for Ryland Homes.

"We would love to be selling more houses, but the fact that the finished-vacant numbers are moving in the right direction is encouraging," he said. "No one is putting anything new on the ground."

Bass said home buyers who have been signing contracts recently "are showing up and closing" on their purchases, so he expects the total inventory to continue falling during the second quarter -- even the finished-but-vacant inventory.

"We've been successful in selling inventory," Bass said. "Our [own] finished-vacant is way down, just as it is for most of our competitors."

The Metrostudy report showed that housing starts in Orange, Lake, Seminole, Osceola, Volusia and Polk counties fell 46.7 percent during the first quarter compared with a year earlier, when demand was slowing but still strong.

The leading community in the region, ranked by annual new-home starts, was Solivita in Polk (431 units), followed by Avalon Park (Orange, 385.)

The pace at which individuals and families were moving into homes in the region remained fairly strong during the quarter, said Anthony Crocco, director of Metrostudy's Northeast and Central Florida divisions.

The number of what Metrostudy defines as closings -- homes purchased and physically occupied in the subdivisions it surveys -- totaled 6,790, which was 2.8 percent fewer than during the first quarter of 2006.

On an annual basis, closings were down 5.1 percent to 30,408. Units under construction fell 50.7 percent to 7,923.

Crocco said the fact that the region's total housing inventory is declining, year over year, and the slowdown in new-home starts is flattening, signals that "the Orlando area is heading in the direction of a necessary correction in the market. However, the high percentage of finished-vacant inventory remains troublesome."

Crocco noted, though, that the local economy remains strong, with Metro Orlando leading the state in job formation -- a positive sign for the housing market.

Jerry W. Jackson can be reached at jwjackson@orlandosentinel.com or 407-420-5721.

Water board's leader leaving

By Stacey Singer

Palm Beach Post Staff Writer

Friday, May 04, 2007

With a severe drought bearing down on the region, the chairman of the South Florida Water Management District's governing board, Kevin McCarty, said Thursday he's stepping down to make way for a new gubernatorial appointment.

McCarty sent a letter to Gov. Charlie Crist on Monday withdrawing his name for reappointment. Former Gov. Jeb Bush put McCarty on the board in 2003, and he was voted chairman in March 2005.

The district's board constantly weighs the conflicting water demands of development, agriculture, flood control and the environment. As Palm Beach County Commissioner Mary McCarty's husband, a Republican Party stalwart and managing partner of Bear Stearns in Boca Raton, Kevin McCarty tilted the governing board's balance toward the agenda of businesses, observers said.

Mary McCarty said her husband stressed the importance of giving businesses quick answers on whether to expect the environmental and water-use permits they needed.

"He stressed that businesses deserved to have their issues resolved in a timely fashion, whether the answer was yes or no," she said. "I think that is something that has been appreciated."

Kevin McCarty asked his wife to speak on his behalf for this story.

She said her husband received word a week ago that Crist would not be reappointing Bush's appointees, and so on Monday, he withdrew his name.

Replumbing the region's canal system must now be the priority, to sustain both the environment and the urban areas, said Mark Perry, co-chairman of the Everglades Coalition and executive director of the Florida Oceanographic Society. South Florida's canal system was designed 60 years ago specifically to drain the Everglades, so South Florida sends about 1.7 billion gallons of fresh water a day into the ocean, even during the current drought, he said.

"We're dumping as much as we are consuming, and that's just not good water management," Perry said. "We need to reestablish the natural flow, and that's going to require some bold action from the water management district board."

Perry praised Crist's newest appointee to the district's governing board, Shannon A. Estenoz of Plantation, a regional director for the National Parks Conservation Association.

Crist announced Estenoz's appointment April 27. Estenoz, a civil engineer by education, said the Comprehensive Everglades Restoration Plan has been the primary focus of her career.

"It's a huge priority for me, and I hope that I will bring something to the table," Estenoz said.

She is married to Richard Grosso, a land-use lawyer who successfully represented environmental groups opposed to converting the Mecca Farms orange grove into a biotechnology hub for Scripps.

Kevin and Mary McCarty, meanwhile, had been strong supporters of the Mecca Farms biotechnology project. Mary McCarty said it's likely that Thursday's water management district meeting will be her husband's last.

"Whether or not he'll be sitting in the audience or sitting in the chairman's seat remains to be seen," she said.

DeBary adopts water ordinance

By BOB KOSLOW
Staff Writer

DEBARY -- At the DeBary City Council's meeting Wednesday, the council narrowly adopted a water-wise ordinance, with a 3-2 vote, that outlines water conservation efforts, including hours of irrigation based on state water district and county guidelines. It also allows the city's code enforcement officer to enforce the regulations.

Mayor George Coleman opposed the ordinance because there are too many exceptions for the city to water medians and ballfields and the city should feel the same pains as homeowners. Councilman Danny Tillis agreed and voted no. Councilman Jack Lenzen is concerned the ordinance is overbearing homeowners but still voted yes.

"We are going to focus on the blatant violators, the ones watering in the middle of the day with the sun blaring down," City Manager Maryann Courson said.

MIAMI-DADE | AFFORDABLE HOUSING

Condo money came with few strings

Even after a developer told county commissioners that buyers of 'affordable' units at a downtown condo were not screened by income limits, the county gave the project $1 million anyway.

By MICHAEL VASQUEZ AND MATTHEW HAGGMAN

mrvasquez@MiamiHerald.com

In the name of affordable housing, Miami-Dade County leaders steered $1 million in taxpayers' money to a high-rise condo in downtown Miami in 2005 -- well after the developer had acknowledged that it wasn't requiring people who bought the units to meet any income-eligibility limits.

In fact, the lack of such income qualifications kept Miami-Dade from using federal housing funds for the project, as it had promised the developer, the Related Group.

Instead, the county paid $300,000 from its own general fund -- and an additional $700,000 from the Miami-Dade Empowerment Trust, money meant to spur new businesses in struggling neighborhoods.

The Miami Herald reported on Tuesday that $1 million from the city of Miami's Affordable Housing Trust Fund and $300,000 from Miami-Dade County's general fund had gone into the condo, named Loft One. In return, the condo was to offer 102 of its 196 units as lower-priced housing.

Add the Empowerment Trust contribution to that public subsidy and the total public money that went to the project comes to $2 million. Related kept its word to charge lower prices at Loft One, at 234 NE Third St. -- some units started as low as $99,000 pre-construction. But it did not set any income limits for the buyers.

Earlier this week, portions of an unfinished internal city of Miami audit of Loft One's buyers showed that dozens had sold their affordable units within a year of closing, sometimes at markups of 100 percent or higher. The draft audit found only six units that stayed in the same hands for more than a year and claimed a homestead exemption.

The findings suggested the taxpayer subsidies may have benefited investors more than people struggling to buy their first home.

CAUGHT BY `SURPRISE'

Minutes from an August 2005 Miami-Dade County Commission meeting show commissioners were told that relatively well-off buyers weren't necessarily excluded from Loft One. County staffers publicly admitted they had never told the developer to limit buyers' incomes until after the condo sold out -- when it was too late.

Commissioners nevertheless deemed the condo worthy of public subsidies.

''It caught me by surprise that people flipped the units,'' commission Chairman Bruno Barreiro said this week. ``The intention was for workforce housing -- you know, people who are teachers, firefighters.''

County commissioners did set some income and resale restrictions -- though they would have applied only in cases in which a presold deal fell apart and the developer offered the unit for sale again.

''The problem with that is everybody closed,'' Related Senior Vice President Oscar Rodriguez said. ``It never became relevant.''

OUTRAGE

News of condo flipping at Loft One has enraged some local officials and members of the public. City Commissioner Tomás Regalado is calling on Related to return the city's $1 million.

But in a legal fight, the city would have to overcome the fact that Related lived up to its pricing obligation -- the only significant requirement the governments had set.

Craig Studnicky, president of International Sales Group, said that when Loft One launched sales, many in the real estate community thought up to half of the initial buyers were investors.

The project sold out quickly, Studnicky noted. If long-term residents, also known as end-users, were buying, he said, sales would likely have been slower and continued after construction started.

''End-users usually like to kick the tires,'' said Studnicky, who sells condos across South Florida. ``You don't usually see end-users buying until the building is nearing completion, not two or three years in advance.''

The difficulty for many developers is that to meet high presale requirements demanded by lenders, they often must turn to investors. That's because many end-users -- especially those in the middle-class -- don't have the money to put down a 10 to 20 percent deposit and wait years for a unit to be built.

MORE STRINGS

In response to this, some developers marketing to middle-income buyers are now asking lenders to lower the presale requirements and let more condos be sold closer to completion. The city and county have also launched down payment assistance programs to help buyers make a deposit, and both governments now typically attach more strings to money given to developers.

''It's over, as far as Miami-Dade County is concerned,'' County Commissioner Barbara Jordan said of situations like Loft One. ``We've put safeguards in place to prevent that from happening in the future.''

STANDS BY DECISION

Miami Mayor Manny Diaz still stands by the million that City Hall gave Loft One in 2003. Diaz says developers back then were hesitant to build moderately-priced condos downtown. Miami's contribution, he says, got the ball rolling.

''The truth of the matter is this was the first of its kind,'' Diaz said. And if some buyers are now renting out their units as an investment, the mayor said that's OK, too.

''When you buy cheap, then the amount of rent you would charge somebody can be very low,'' he said.

Miami Herald staff writer Charles Rabin contributed to this report.

Builder may face additional counts

By GINNY LAROE

ginny.laroe@heraldtribune.com
NORTH PORT -- Four additional customers of a home building company that abandoned 50 home sites here went to police this week to pursue further criminal charges against the company's top executive.

Joseph Pufta, 62, the former head of now-defunct Avalon Homes, was charged last month with 21 felonies after seven families contacted police saying he took their money and failed to complete the work they paid for.

North Port Police recommended this week that prosecutors charge Pufta with seven additional counts of misapplication of construction funds, North Port Police Detective Lenny Hills said.

"It's all the same," Hills said of the families' stories. Avalon got money from construction loans and failed to pay subcontractors for work, Hills said. Those subcontractors, in turn, abandoned the jobs and placed liens on the houses, he said.

Even though work stopped on the houses months ago, many homeowners are only now contacting police.

"I didn't know it was a crime that you filed with police because it's a builder that just didn't finish your house," said Alisha Buckingham, who finally contacted authorities after work on her two-story home stopped last June.

She contracted with Avalon in 2005 to build a house to accommodate her growing family. Even though work stopped last June, she said that on Aug. 11 the company drew $42,000 from her account.

"I don't care if I'm in labor, I'll be sitting in that court until it's done," Buckingham, now seven months pregnant, said about seeing Pufta held accountable.

While several other local home builders faltered when Southwest Florida's real estate bubble burst last year, Pufta is the only area builder to face criminal charges.

One of Pufta's charges stems from an episode where police say his company cashed a New Jersey woman's $42,180 check, yet 18 months later her lot had not even been cleared.

Pufta turned himself in to the Sarasota County jail last week on the first set of charges, and was freed on $97,000 bond. The Herald-Tribune has not been able to reach him, and it is unclear if he has an attorney.
Delay impact fees, builder suggests

By TERRY WITT

Citing a slowing home construction market, Citrus County builder George Rusaw has pro-posed delaying higher impact fees for six to 12 months.

Rusaw, in an April 30 letter to County Commission Chairman Dennis Damato, said the higher impact fees could worsen the problems of the industry.

He will speak to county commissioners at their meeting Tuesday.

“If we don’t take action it is a certainty that the local economy will continue to deterio-rate, which will prolong the economic recovery,” Rusaw wrote.

Impact fees for a single-family home of less than 2,000 square feet would rise to $9,314 on June 1.

County commissioners adopted lower fees than recommended by their consultant. The consultant recommended a $16,275 fee for a small single family home.

Impact fees are assessed against new residential and non-residential construction to pay for a portion of the cost of growth in the county.

Damato has not made up his mind about Rusaw’s request, he said.

While it is true the home building market has declined since 2005, Damato said he would have to give Rusaw’s letter “some serious thought” due to the magnitude of the request.

“It’s quite a big decision,” he said.

Damato won’t be making the decision alone. Delaying the higher fees would take a major-ity vote of the county commission.

Rusaw attached statistics to his letter showing the housing market statewide has hit a slump. The statistics were taken from an industry publication, “Market Update.”

The statistics show new residential starts in Citrus County declined 29 percent from 2005 to 2006 and the total dollar value of new residential construction declined 26 percent in the same period.

Jim Crosley, director of sales and marketing for Rusaw Homes, said the company has felt the slowdown.

Rusaw Homes marketed 130 sales contracts in 2005, but only 50 in 2006 and just 3 so far this year.

“The market has gone completely south,” he said.

Colony Stone, a subcontractor that handles stuccowork for Rusaw Homes and Citrus Hills, has laid-off 60 employees, Crosley said.

“That’s going to be a big impact on the county,” he added.

He said the flat market was caused by a combination of factors, including the rapid in-crease in the property values, which led to higher property tax bills. He said some people are paying twice as much in taxes as they were three years ago.

Property values were falsely inflated when investors “flipped” property for quick profits in 2005, he said.

Crosley said high property insurance rates and uncertainty about what the Legislature might do about property tax reform have influenced the market.

He said Citrus County is primarily a retiree market. Retirees tend to be price-sensitive, and higher impact fees mean higher home prices.

He said the Florida Homebuilders Association would like to replace property taxation with a higher sales tax. The group supports the proposal to raise the sales tax from 6 cents to 8 1/2 cents on the dollar. The state would get a penny and counties could keep 1 1/2cents.

The builders have also advocated rolling back the property tax rate and property values to 2001 levels and capping impact fees at 5 percent of the contract price, he said.

The Legislature will meet in special session on property tax reform from June 5 to June 15.

Development Services Director Gary Maidhof said single-family home permits have slowed since the building boom of 2005.

But Maidhof also cited a different statistic that he found interesting.

He said more single-family housing permits were issued during the first three months of 2007 than in the first or second quarters of 2006, respectively.

In the first quarter of 2007, the county issued 318 single-family permits compared to 265 in the first quarter of 2006 and 291 in the second quarter of 2006.

Maidhof said the trend in 2005 was for investors to sink money into real estate, which was rising in value, but the reverse is true today. The stock market is hot and investors are moving their money from land to stocks.

“Keep in mind, in 2005, that was an anomaly,” he said.

But he conceded the housing market is down.

“I think it’s starting to recover, but it’s not what it was,” he said.

Damato, a builder, said he has plenty of business, but he builds only three or four homes a year and has always been blessed with plenty of work. He said he is not a volume builder.

He said the national economy, higher interest rates, higher construction supply costs, higher land costs and increased property insurance rates have influenced the sagging home construction market.

Damato said he found it odd that the stock market shot above the 13,000 mark recently as the housing market slowed.

“I’ve lived here for 35 years. It’s very difficult to put a finger on what’s going on in the market,” he said.

Storm model raises doubts

By Randy Diamond

Palm Beach Post Staff Writer

Friday, May 04, 2007

If the U.S. were hit with a catastrophic hurricane, there is a 19.5 percent chance it would strike the West Palm Beach-Boca Raton area.

Also at risk are Jupiter and North Palm Beach (5.1 percent) and the Fort Pierce-St.'Lucie area (1.3 percent).

That's according to the nation's largest hurricane modeling firm, Risk Management Solutions, which released new details of its controversial risk model Thursday at a conference in Palm Beach.

Insurance companies hire Risk Management Solutions and other modeling firms to help determine premium rates. The RMS software looks at where a "one-in-100-year" event is most likely to occur. In any given year the chances of its striking are considered less than 1 percent.

Regulators use the 100-year event, among others, as a benchmark in determining how much insurers can charge in premiums. But Florida regulators have rejected the new model, which RMS first presented to its customers last May.

The conference, held at The Breakers, offered a rare behind-the-scenes look at how insurers set rates. RMS officials, who were hosting hundreds of insurance company executives who use its software, used the forum in part to defend the model. Also present at the conference were state elected officials and regulators.

State regulators have argued the new model strays too far from long-accepted standards for determining risk. Industry software historically has relied on data of weather patterns going back 107 years in forming assumptions. The new software weighs the hurricane patterns of recent years more heavily.

The model places the level of risk faced by Palm Beach and neighboring locales second only to the Miami-Fort Lauderdale area, which has a 33.6 percent chance of being hit, said Peter Nakada, managing director of RMS Consulting, a subsidiary of RMS. The Tampa, St. Petersburg area was third with a 7.8 percent chance.

Not surprisingly, Florida has slightly more than 80 percent of the nation's hurricane risk when it comes to a single catastrophic windstorm.

Insurers, including Citizens Property Insurance Corp., the state-sponsored insurer and the largest property insurance concern in Florida, all rely heavily on modeling. Those predictions of storms are used in deciding other things, including whether to shed policies in Florida's coastal areas.

RMS defines a one-in-100-year event as a storm resulting in a payout by insurers of at least $52 billion. Insurers are estimated to have paid as much as $60 billion for damages caused by Hurricane Katrina, but about $25 billion of that was considered the result of flooding when the levies broke in New Orleans. As a result, the company considers Katrina to have been a one-in-45 to one-in-70-year event.

The 1926 hurricane in Miami is the only one-in-100-year storm in the past century, Nakada said. It flattened much of Miami and cost $100 million in losses. RMS estimates if a similar storm were to hit, the cost of insured losses in today's dollars would be closer to $100 billion.

The new risk factors for Florida revealed by RMS on Thursday are like