Front Cover
 Title Page
 State disclaimer
 Table of Contents
 Indicators framework for gauging...
 Historic preservation and economic...
 Carrots and sticks: an examination...
 Florida's tourist-related tax expenditure...
 Report on history museums and the...
 Tools for providing affordable...
 Community land trusts: using historic...
 Discussion of survey findings

Group Title: Contributions of historic preservation to the quality of life in Florida
Title: Technical report
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00090906/00002
 Material Information
Title: Technical report
Series Title: Contributions of historic preservation to the quality of life in Florida
Physical Description: Book
Language: English
Creator: McLendon, Timothy
Publisher: Center for Governmental Responsibility, Levin College of Law, University of Florida
Place of Publication: Gainesville, Fla.
 Record Information
Bibliographic ID: UF00090906
Volume ID: VID00002
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.


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Table of Contents
    Front Cover
        Front Cover
    Title Page
        Page i
    State disclaimer
        Page ii
    Table of Contents
        Page iii
        Page iv
        Page v
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    Indicators framework for gauging quality of life impacts of historic preservation in Florida's communities
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    Historic preservation and economic development: the City of Fernandina Beach
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    Carrots and sticks: an examination of the legal tools promoting historic preservation and their effect on quality of life
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    Florida's tourist-related tax expenditure for historic preservation as an indicator of quality heritage tourism
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    Report on history museums and the relevant indicators to assess their impact on the quality of life in their communities
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    Tools for providing affordable housing in Florida's historic residential neighborhoods
        Page VI-1
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    Community land trusts: using historic preservation for affordable housing in the Florida Keys
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    Discussion of survey findings
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Full Text

* ~t



Timothy McLendon
Staff Attorney
Center for Governmental Responsibility
University of Florida Levin College of Law

Kristin Larsen, Ph.D., AICP
Assistant Professor
Department of Urban and Regional Planning
College of Design, Construction and Planning
University of Florida

Glenn Willumson, Ph.D.
Associate Professor of Art History
Director of the Graduate Program in Museum
University of Florida

JoAnn Klein
Development Director
Center for Governmental Responsibility
University of Florida Levin College of Law

Rhonda Phillips, Ph.D., AICP, CEcD
Director, Center for Building Better
Associate Professor, Department of Urban and
Regional Planning, College of Design,
Construction and Planning, University of Florida

John Confer, Ph.D.
Center for Tourism Research and Development
College of Health and Human Performance
University of Florida

Lori Pennington-Gray, Ph.D.
Center for Tourism Research and Development
College of Health and Human Performance
University of Florida



November 2006







This publication has been financed in part with historic preservation grant assistance
provided by the Bureau of Historic Preservation, Division of Historical Resources,
Florida Department of State, assisted by the Florida Historical Commission. However,
the contents and opinions do not necessarily reflect the views and opinions of the Florida
Department of State, nor does the mention of trade names or commercial products
constitute endorsement or recommendation by the Florida Department of State.

Contributions of Historic Preservation to the Qualit of Life in Florida


b y K ristin L arsen ............................................... ........................................................ v

by R honda P hillips ........................................................................ .................... I-1

by R h on d a P hillip s ..................................................... ............................................ II-1

by Tim othy M cL endon .............................................................. .................... III-1

by Catherine Culver, Lori Pennington-Gray and John Confer .......................... IV-1

by Glenn W illum son .................................................. ................. .................... V-

by K ristin L arsen ....................................................................... .......................... V I-1

Contributions of Historic Preservation to the Quali of Life in Florida 111

by E m ily B ergeron ................................................................... ..................... V II-1

by Teresa R ussin ............................... ......................... ................. .................... A -

Contributions of Historic Preservation to the Qualit of Life in Florida

Kristin Larsen, Ph.D., AICP

Associate Professor
Department of Urban and Regional Planning
College of Design, Construction and Planning
University of Florida

Contributions of Historic Preservation to the Quality of Life in Florida



vi Contributions of Historic Preservation to the Quality of Life in Florida

Cultural and Aesthetic Values Relevant to Historic Preservation in Florida
Kristin Larsen

Historic preservation contributes to economic and cultural values in the State of Florida.
Those cultural values are reflected in the quality of life found in the state's communities from
small towns to large urban areas. The Department of Community Affairs, which oversees the
state's comprehensive plan and the local plans required by state law, also acknowledges the
significance of historic preservation a value that is increasingly being threatened by
considerable growth pressures. This introductory paper provides a brief overview of quality of
life issues, specifically cultural and aesthetic values, relevant to historic preservation in Florida.
In addition, a bibliography of relevant sources is also included.

Quality of life, the good city, and historic preservation
Quality of life is a vague term with multiple meanings. Historic preservation contributes
to quality of life due to the sense of place created by the tangible and intangible characteristics of
Florida's historic places. Listokin, Lahr, McLendon, and Klein (2002) assess The Economic
Impacts of Historic Preservation in Florida, focusing on the quantitative characteristics of the
private goods associated with historic preservation; this companion study emphasizes the public
goods, the normative and qualitative aspects, specifically cultural values, embedded in historic

While a variety of recent articles outline the significance of incorporating theories of
good city form in planning practice (Talen & Ellis, 2002; Fainstein, 2000; Hayden, 1994), they
do not address the specifics of implementation, or, if they do, they tend to focus on new
development, often the traditional design patterns of the new urbanism. Lucy (1994) outlines the
connections between healthy people and places and how these are central to successful places,
emphasizing the need to "address physical design and environmental sustainability" (p. 306).
Historic preservation provides the connections between aesthetics, culture, and effective use of
resources from the perspective of the individual home and that of the community. In fact, such
characteristics meet Berke and Conroy's (2000) definition of livable community:
The location, shape, density, mix proportion, and quality of development should enhance
fit between people and urban form by creating physical spaces adapted to desired
activities of inhabitants; encourage community cohesion by fostering access among land
uses; and support a sense ofplace to ensure protection of any special physical
characteristics of urban forms that support community identity and attachment (p. 23,
emphasis added).
As Hayden (1995) notes, these values are critical across all communities.

In recent years, the National Register of Historic Places "began to encompass a much
broader view of history, a greater range of property types, and a higher proportion of locally
significant properties and districts" (Lyon & Brook, 2003, p. 88). Historic vernacular structures,
districts, sites, and landscapes are now regularly considered for designation (Upton, 1991;
Hayden, 1995). This broadening of the concept of significance is also reflected in local
designations. Yet, these more flexible standards, which provide the opportunity for recognizing
a more inclusive history, still "require properties to possess integrity sufficient to illustrate
significance" (Pickens, 1998, p. 195).

Contributions of Historic Preservation to the Quality of Life in Florida vii

Florida's elected officials have directly addressed the significance of historic preservation
to the quality of life in the State of Florida. "The rich and unique heritage of historic properties
in this state, representing more than 10,000 years of human presence, is an important legacy to
be valued and conserved for present and future generations. The destruction of these
nonrenewable historical resources will engender a significant loss to the state's quality of life,
economy, and cultural environment." (FLA. STAT. 267.01(1)(A)). Still, Florida's growth
management legislation, which directs local government planning efforts, recognizes that smaller
communities have limited resources. Only cities over 50,000 and counties over 75,000
population are required to adopt a historical and scenic preservation element (FLA. STAT.
163.3177(6)(I)). A 2005-2006 survey found that Florida residents are aware of historic sites
(roughly 55% of 1505 respondents had visited a historic site in the past year) and value the role
that historic preservation plays in the state of Florida. Specifically, preservation is valued for
what it can contribute to future generations (24%), for aesthetic reasons (17%), for educational
reasons (14%), and for environmental reasons (13%) (see Russin in this study, at A-6).

The state's historic structures, sites, and districts span the entire era of human settlement
with Indian Mounds, 18th century Spanish colonial, cracker structures of the 19th century,
bungalows and chert houses of the early 20th century, the distinctive modern style of the Sarasota
School of Architecture, roadside structures and sites such as the early theme parks, and the 1950s
ranch houses that are just now becoming eligible for listing in the National Register of Historic
Places and many local registers. "Architecture," and here Upton (1998) uses the term broadly
"to stand for the entire cultural landscape", "is a way of defining relationships of the self to
others, of parts of the community to other people, and of people to their physical and cosmic
environments" (p. 14). Inasmuch as this "architecture" reflects the heritage of our past and the
productive and respectful use of such historic places in our present, we strengthen the quality of
life in our state for the future. Identifying what is distinctive, and common about this heritage is
essential to understanding how historic preservation contributes to the quality of life in Florida.

Works Cited in this Paper

Berke, P. R. & Conroy, M. M. (2000). Are we planning for sustainable development? An
evaluation of 30 comprehensive plans. Journal of the American Planning Association,
66(1), 21-33.
Fainstein, S. S. (2000). New directions in planning theory. Urban Affairs Review, 35(4), 451-
Hayden, D. (1994). Who plans the U.S.A? A comment on "Advocacy and Pluralism in
Planning." Journal of the American Planning Association, 60(2), 139-161.
Hayden, D. (1995). The power ofplace: Urban landscapes as public history. Cambridge, MA:
The MIT Press.
Listokin, D., Lahr, M. L., McLendon, T. & Klein, J. (2002). Economic impacts of historic
preservation in Florida. Florida Department of State, Division of Historical Resources,
Bureau of Historic Preservation.
Lucy, W. (1994). If planning includes too much, maybe it should include more. Journal of the
American Planning Association, 60(3), 305-318.

viii Contributions of Historic Preservation to the Quality of Life in Florida

Lyon, E. A. & Brook, D. L. S. (2003). The states: The backbone of preservation. In R. E. Stipe
(Ed.), A richer heritage: Historic preservation in the twenty-first century (pp. 81-116).
Chapel Hill, NC: The University of North Carolina Press.
Pickens, S. S. (1998). The silent criteria: Misuse and abuse of the national register. In M. A.
Tomlan (Ed.), Preservation of what, for whom? A critical look at historical significance
(pp. 193-202). Ithaca, NY: The National Council for Preservation Education.
Talen, E. & Ellis, C. (2002). Beyond relativism: Reclaiming the search for good city form.
Journal ofPlanning Education and Research, 22(1), 36-49.
Upton, D. (1991). Architectural history or landscape history? Journal ofArchitectural Education
44(4), 195-198.
Upton, D. (1998). Architecture in the United States. Oxford: Oxford University Press.

Selective Bibliography and Resources

The following bibliography is not meant to be comprehensive. Instead, it outlines the variety of
resources available to better understand the distinctive and common characteristics of Florida
"architecture." It begins by listing the examples of publications that address architecture in
general, then Florida architecture in general, followed by examples of more focused Florida
histories and biographies. The reader should review the bibliographies of these and similar
publications for more specific references. Student theses and dissertations are not listed here but
comprise another source of significant material. Please note that there are an extensive number
of student reports, theses, dissertations, historic site reports, Historic American Building Survey
measured drawings, historic preservation elements and other local planning documents, and
nominations to the National Register that are not listed here due to space limitations.

Architecture and Historic Preservation, General
Alanen, A. R. & Melnick, R. Z. (Eds.). (2000). Preserving cultural landscapes in America.
Baltimore, MD: The Johns Hopkins University Press.
Arsenault, R. (1984). The end of the long hot summer: The air conditioner and southern culture.
The Journal of Snm,,inhl History, 50(4), 597-628.
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Birnbaum, C. A. & Karson, R. (2000). Pioneers of American landscape design. New York: The
McGraw Hill Companies.
Cole, D. (1973). From tipi to skyscraper: A history of women in architecture. Boston, MA: i
press incorporated.
Fitch, J. M. (1982). Historic preservation: Curatorial management of the built world. New
York: McGraw-Hill Book Company.
Gebhard, D. (1987). The American colonial revival in the 1930s. Winterhur Portfolio, 22(2/3),
Hale, J. (1994). The oldway of seeing. Boston, MA: Houghton Mifflin Co.
Hayden, D. (1995). The power ofplace: Urban landscapes as public history. Cambridge, MA:
The MIT Press.
Kostof, S. (1985). A history of architecture: Settings and rituals. New York: Oxford University

Contributions of Historic Preservation to the Quality of Life in Florida

Lee, A. J. (Ed.). (1992). Past meets future: Saving America's historic environments.
Washington, DC: National Trust for Historic Preservation.
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Stipe, R. E. (Ed.). (2003). A richer heritage: Historic preservation in the twenty-first century.
Chapel Hill, NC: The University of North Carolina Press.
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Upton, D. (1991). Architectural history or landscape history? Journal ofArchitectural
Education, 44(4), 195-198.
Upton, D. (1998). Architecture in the United States. Oxford: Oxford University Press.

Florida Architecture, General
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Journal of Decorative and Propaganda Arts 23, 238-259.

Contributions of Historic Preservation to the Quality of Life in Florida

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Florida Architecture, Specific
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Contributions of Historic Preservation to the Quality of Life in Florida

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Propaganda Arts, 23, 322-333.
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Graham, T. (1998). Henry M. Flagler's Hotel Ponce de Leon. The Journal ofDecorative and
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Howey, J. (1997). The Sarasota school of architecture. Cambridge, MA: M.I.T. Press.
Kinerk, M. D. & Wilhelm, D. W. (1998). Dream palaces: The motion picture playhouse in the
sunshine state. The Journal ofDecorative and Propaganda Arts, 23, 208-237.
LeClaire, J. (2004). Miami modern, or MiMo, making a big comeback. Architectural Record,
192(12), 38.
Lejeune, J. F. & Shulman, A. T. (2000). The making of Miami Beach, 1933-1942: The
architecture ofLawrence Murray Dixon. Miami Beach, FL: Bass Museum of Art.
Lynn, C. (1998). Dream and substance: Araby and the planning of Opa-Locka. The Journal of
Decorative and Propaganda Arts, 23, 162-189.
Manucy, A. C. (1962). The houses of St. Augustine: Notes on the architecture from 1565 to
1821. St. Augustine, FL: St. Augustine Historical Society.
Manucy, A. C. (1997). Si\nienti-century St. Augustine: The People and Their Homes.
Gainesville, FL: University Press of Florida.
McEwan, B. G. (Ed.). (1993). The Spanish Missions of La Florida. Gainesville, FL: University
Press of Florida.

Contributions of Historic Preservation to the Quality of Life in Florida

Metropolitan Dade County. (1982). From wilderness to metropolis: The history and
architecture ofDade County, Florida, 1825-1940. Miami, FL: Metropolitan Dade
County Office of Community Development, Historic Preservation Division.
Millas, A. & Uguccioni, E. (2003). Coral Gables, Miami riviera: An architectural guide. Miami,
FL: Dade Heritage Trust.
Nash, E. P. &. Robinson, Jr., R. C. (2004). MiMo: Miami modern revealed. San Francisco:
Chronicle Books.
Newton, E. (1969). Historic architecture ofPensacola. Pensacola, FL: Pensacola Historical,
Restoration & Preservation Commission.
Nolan, D. (1995). The houses of St. Augustine. Sarasota, FL: Pineapple Press.
Olausen, S. A. (1991). The historic buildings ofMelbourne. n.p.
Olausen, S. A. (1993). Sebring, city on the circle: A guide to the city's historic architecture. St.
Augustine, FL: Southern Heritage Press.
Orlando Historic Preservation Board. (1984). Orlando, history in architecture. Orlando, FL:
The Board.
Orlando Landmarks Defense. (1993). Treasures : Historic architecture of greater Orlando.
Orlando, FL: Orlando Landmarks Defense, Inc.
Patricios, N. N. (1994). Building marvelous Miami. Gainesville: University Press of Florida.
Pickard, J. B. (2001). Historic Alachua county and old Gainesville: A tour guide to the past.
Gainesville, FL: The Alachua Press.
Reeves, F. B. (1965). The architecture of historic St. Augustine: A photographic essay. The
Florida Historical Quarterly, 44(1/2), 94-97.
Reeves, F. B. (1965). St. Augustine, Florida: Architecture of the old city. Coral Gables, FL:
Florida Association of the American Institute of Architects.
Scarry, J. F. & McEwan, B. G. (1995). Domestic architecture in apalachee province: Apalachee
and Spanish residential styles in the late prehistoric and early historic period southeast.
American Antiquity, 60(3), 482-495.
Shiver, W. C. (1987). The historic architecture of Key West: The triumph of vernacular form in
a nineteenth century Florida town. n.p.
Shulman, A. (1998). Igor Polevitzky's architectural vision for a modern Miami. The Journal of
Decorative andPropaganda Arts, 23, 334-359.
Sickels-Taves, L. B. (1997). Understanding historic tabby structures: Their history, preservation,
and repair. APTBulletin, 18(2-3), 22-29.
Wells, S. (1979). Portrait: Wooden houses of Key West. Key West, FL: Historic Key West
Preservation Board.
Willis, E. C., Toifel, P. W., & Wolfe, L. (1992). We remember Bagdad: An architectural
history. St. Augustine, FL: Southern Heritage Press.
Wilson, S. (1977). Gulf Coast Architecture. Pensacola, FL: Historic Pensacola Preservation
Wood, W. W., Davis, J., & Vedas, G. (1989). Jacksonville's architectural heritage: Landmarks
for the future. Jacksonville, FL: University of North Florida Press.
Wynne, L., & Parks, J. T. (2004). Florida's antebellum homes. Charleston, SC: Arcadia

Contributions of Historic Preservation to the Quality of Life in Florida xiii

Governmental Resources
United States Department of the Interior, National Park Service, National Register of Historic
Places, http://www.cr.nps.gov/nr/index.htm
Typical Publications:
Anderson, L. (1988). Historic structure report: Architectural data section: Fort Jefferson
National Monument/Florida. Denver, CO: U.S. Dept. of the Interior, National
Park Service.
Leynes, J. B. (1998). Biscayne National Park historic resource study. Atlanta, GA:
National Park Service, Southeast Region.
Typical Resources:
Historic American Building Survey. Measured drawings and brief histories of historic
sites throughout the U.S. (Microfiche copies of many sites are on file in the UF
AFA Library.)
Historic American Engineering Survey. Measured drawings and brief histories of historic
engineering structures throughout the U.S.
Historic Structures Reports (see website for listing).
Preservation Briefs (see website for listing).

State of Florida, Division of Historical Resources, http://www.flheritage.com/
Typical Publications:
Florida Board of Parks and Historic Memorials. Special Advisory
Committee. (1959). The St. Augustine restoration plan.
Florida. Division of Archives, History, and Records Management. (1977?). Bethel
Baptist Institutional Church [Jacksonville].
Florida. Division of Archives, History, and Records Management. (1977?). St. John's
Episcopal Church [Tallahassee].
Florida. Division of Archives, History, and Records Management. (1977?). St.
Mary's Church (Episcopal) [Green Cove Springs, Fla.].
Florida Division of Historical Resources. (2000). The conservation and preservation of
coquina: A symposium on historic building material in the coastal \v,,inheI\t St.
Augustine, Florida: Division of Historical Resources, Florida Department of
Shepard Associates, Architects and Planners, Inc. (1979). Florida historic capitol:
Authentic 1902 restoration: Specifications and contract documents. Tallahassee,
FL: State of Florida, Department of General Services, Division of Building
Construction and Property Management, Bureau of Construction.
Typical Resources:
Florida Division of Historical Resources. (Numerous publications including
archaeological and historic building sites, and Master Site File of archaeological
sites [limited access].)
Florida Division of Historical Resources, National Register Nominations Board. (Copies
of all National Register nominations are available.)
State of Florida, Department of State, State Library of Florida, Florida Collection,
Florida Bureau of Archives and Records Management, State Library and Archives of
Florida, http://dlis.dos.state.fl.us/barm/fsa.html.

Contributions of Historic Preservation to the Quality of Life in Florida

Local Governments:
Typical Publications A Sampling of Planning Documents and Community Surveys:
Arnall, B. (1985). Historical and architectural study: City of Venice, Florida. Venice,
FL: n.p.
Gainesville Department of Community Development. (1991). Pleasant Street
residential historic district south section architectural styles, City of Gainesville,
Gainesville Department of Community Development. (1991). Southeast residential
historic district architectural styles. City of Gainesville, Florida.
Knott, A. D., Lairtus, K., & Ross, D. (1975). Columbia county survey. University of
Reeves, F. B. & Edwards, H. C. (1960). Report on a preliminary survey of extant historic
buildings in eight West Florida counties. n.p.
St. Augustine Planning Department. (1984). Architectural guidelines for historic
preservation: St. Augustine, Florida. Saint Augustine, Florida.
St. Petersburg, Florida, Community Development Department, Planning Division.
(1980). St. Petersburg's architectural and historic resources: summary. City of St.
Petersburg, Florida.
St. Petersburg, Florida, Community Development Department, Planning Division.
(1981). St. Petersburg's architectural and historic resources. City of St.
Petersburg, Florida.
Scardaville, M. C., Ward, Laura, & Hobby, D. (1985). Architectural and historical
survey of Fort Lauderdale: Original town limits. St. Augustine, FL: The

Other Websites
The Library of Congress, American Memory Collection,
The National Trust for Historic Preservation, http://www.lib.umd.edu/NTL/ntl.html
The National Trust, National Main Street Program, http://www.mainstreet.org/
The Recent Past Preservation Network, http://www.recentpast.org/
Florida Agricultural and Mechanical University, African-American Archives,
Florida State University, Photographic Library,
University of Florida, P. K. Yonge Library of Florida History,
Wolfsonian Museum, http://www.wolfsonian.org/

American Antiquity
Architectural Forum
Architectural History
Architectural Record
Architectural Review

Contributions of Historic Preservation to the Quality of Life in Florida

Caribbean Architecture (Florida AIA)
El Escribano (St. Augustine Historical Society)
Florida Archaeology
Florida Anthropologist
Florida Historical Quarterly
Florida History & the Arts
Florida Preservationist
Historic Preservation
Jacksonville Historical Society
Journal of the American Planning Association
Journal of Decorative and Propaganda Arts
Journal of Planning Education and Research
Journal of Planning History
Journal of n ,rlnhei n History
Pencil Points
,0 b alhl'e nI/I Archaeology
Urban Affairs Review
Winterthur Portfolio

Contributions of Historic Preservation to the Quality of Life in Florida


Rhonda Phillips, Ph.D., AICP, CEcD

Director, Center for Building Better Communities
Associate Professor
Department of Urban and Regional Planning
College of Design, Construction and Planning
University of Florida

Contributions of Historic Preservation to the Quality of Life in Florida


1-2 Contributions of Historic Preservation to the Quality of Life in Florida

Indicators Framework for Gauging Quality of Life Impacts of
Historic Preservation in Florida's Communities
Rhonda Phillips


Historic preservation provides numerous benefits, including a profound and positive
affect on quality of life for citizens and visitors alike. There are numerous mentions of
quality of life in historic preservation documents, in all types of literature popular press,
academic, and practitioner related works. Quality of life is assumed to be an intrinsically
valuable outcome of historic preservation efforts, yet there are not many evident attempts
to express this relationship explicitly. It is this implicit, assumed nature that provides the
research opportunity at hand: what is the strength of this relationship, expressed in terms
of explicit outcomes such as impacts? This report presents a framework for exploring the
relationship between quality of life and historic preservation, using community


What is the appeal of indicators? When used as a system, they hold much promise as an
evaluation tool. What makes indicators any different from other measures of aspects of
places, such as job growth, per capital income, or housing prices? The key is developing
an integrative approach one that considers the impacts of change not only in economic
terms, but also the social/cultural and environmental dimensions. A community
indicators system reflects collective values, providing a more powerful evaluative tool
than simply considering the "economics" of change and growth. By integrating an
indicators system into overall community or regional planning, it will be easier to
evaluate the impacts of changes, whether positive, negative or neutral. It is this ability of
community indicators systems to be integrated as a system for gauging impacts across a
full spectrum of outcomes that makes it beneficial to explore using them. Further, they
incorporate both frameworks of performance and process outcomes, which serve to
facilitate evaluation. When properly integrated, they hold the potential to go beyond just
activity reports, to being utilized in the decision-making process as indicators of impacts
and outcomes.

Just what is a community indicator? Essentially, community indicators are bits of
information that when combined, provide a picture of what is happening in a local
system. They provide insight into the direction of a community: improving or declining,
forward or backwards, increasing or decreasing. Combining indicators offers a measuring
system to provide clear and honest information about past trends, current realities, and
future direction, in order to aid decision-making. Community indicators can also be
thought of as a report card of community well being. Bottom line: Community indicators
are bits of information that, when combined, generate a picture of what is happening in a

1 This section is excerpted in part from Community Indicators, Rhonda Phillips, American Planning
Association, PAS Report No. 517, 2003.

Contributions of Historic Preservation to the Quality of Life in Florida

local or regional system. It is important to note that these systems generate much data and
it is the analysis of these data that can be used in the decision-making and policy/program
improvement process. There are numerous functions of indicators, including: description,
simplification, measurement, trend identification, communication, clarification, and as
catalysts for action. 2

There are four common frameworks used for developing and implementing community
indicators systems in the U.S.: 1. Quality of Life, 2. Performance Evaluation, 3. Healthy
Communities, and 4. Sustainability. The framework presented most closely follows the
quality of life format. A brief vignette of a quality of life example follows.

Quality of life is reflective of the values that exist in a community and indicators,
therefore, could be used to promote a particular set of values by making clear that
residents' quality of life is of vital importance. The advantage of this type system is that,
if agreement can be reached, the system can be a strong motivator for all types of
community outcomes, not the least of which is evaluating progress towards common
goals. The disadvantage is that measuring quality of life is a political process because
what defines "good life" can vastly differ among individuals, groups, and institutions.

The most notable example of this type framework is Jacksonville, Florida's Community
Council Inc. (JCCI) model started in 1974 and very much a part of on-going evaluative
and decision-making. About one-third of U.S. community indicator projects are based on
this model. JCCI attempts to integrate indicators into overall planning activities with
integration and monitoring for consistency with the comprehensive plan and other plans.
The system has ten indicator categories, and annual quality of life reports and indexes are

Indicator Framework

The following table presents a list of the indicators selected to calibrate the framework.
They are divided into four categories: gauging (related to type and amount); protecting
(ordinances and regulations); enhancing (partnerships and incentives); and interfacing
(uses). After the table, a description of each is provided, followed by a listing of
measurements for each indicator.

2 Hoernig and Seasons, 2005. "Understanding Indicators," in Community Indicators Measuring Systems,
Rhonda Phillips, ed., p. 5, London: Ashgate Publishing, Ltd.

Contributions of Historic Preservation to the Quality of Life in Florida

Table 1.1. Indicators for Gauging QOL Historic Preservation

A. Gauging
Historic fabric
Districts, structures, landmarks
Distressed historic neighborhoods
Rehabilitation/certified tax credits
Assessed property value trends
Historic district/property reinvestment

B. Protecting
Historic preservation element/plan
Design guidelines
Historic preservation commission
Preservation ordinances
Historic preservation survey
Historic preservation staff
Certificates and enforcement actions

C. Enhancing
Main Street program
Certified Local Government
Participation in other state/federal
Historic preservation non-profits
Neighborhood participation
Civic/museum partnerships
Tax exemptions
Other incentive programs

D. Interfacing
Housing affordability
Business use
Community draw factors
Community use factors
Heritage/cultural interactions

Contributions of Historic Preservation to the Quality of Life in Florida

Defining the Indicators

A. Gauging

These indicators are used to describe the amount and type of historic resources in the
community, primarily expressed as physical properties. These include economic
indicators, as well as the amount of historic properties.

1. Historic fabric This is to gauge the amount of historic fabric in a community by
dating structures from incorporation to current times if for example, a town was
incorporated in 1850, but no structures earlier than 1920 exist, then it indicates that a
significant amount of historic fabric has been lost. Additionally, a community can check
the amount of historic structures lost through demolition as an on-going indicator.
2. Districts, structures, and landmarks To indicate the type of districts (National
Register, state and/or locally designated districts), structures (number of contributing
structures in the National Register and/or state/local districts), and landmarks designated
as significant.
3. Distressed historic neighborhoods Economically distressed neighborhoods in
the community that also have historic properties indicate an opportunity for combining
historic preservation and affordable housing strategies to address local needs, preserve
local character/sense of place, and avoid displacement of existing residents.
4. Rehabilitation/certified tax credits How many properties receive certified
historic tax credits in the community? Indicates level of activity.
5. Assessed property value trends Looks at valuation trends, such as per square
footage values of renovated properties compared with new construction; total assessed
value of all historic properties; and typical historic property appreciation in value during
specified time increments.
6. Historic district/property reinvestment Amounts invested in historic properties
over specified time increments. Indicates activity in the community.

B. Protecting

7. Historic preservation element/plan integration Does the local government have a
historic preservation element as part of their comprehensive plan? Is there a stand alone
historic preservation plan for the community? Is historic preservation integrated with
other relevant planning documents, such as the future land use plan? This is a strong
indicator of level of commitment and seriousness about protecting historic resources in a
8. Design guidelines Has the community adopted design guidelines for historic
properties, and are these guidelines enforced?
9. Historic preservation commission Does the commission have regular meetings,
and what is the annual budget as a percentage of the total local government budget?
Indicates the degree of commitment to historic preservation.

Contributions of Historic Preservation to the Quality of Life in Florida

10. Preservation ordinances What ordinances exist (such as conservation easements,
transferable development rights, etc.)? What is the strength of these ordinances? Indicates
the seriousness of local government to protect historic resources.
11. Historic preservation survey The amount and type of survey work, including the
date conducted. Indicates the interest by the community in ascertaining the amount and
type of historic resources present.
12. Historic preservation staff- Does the local government have staff dedicated to
historic preservation and to coordinate with local non-profits? Indicates the degree of
interest and commitment in the community to historic preservation.
13. Certificates and enforcement actions Number of certificates of appropriateness
granted or denied, number of enforcement actions, and number of appeals of denials of
certificates of appropriateness. Indicates the amount of historic preservation activity, and
amount of rehabilitation work and degree of commitment by local officials.
14. Disaster Preparation and Response In Florida, natural disasters are an imminent
threat to historic resources. What is the community doing to protect its resources? Are
there plans in place, or interface with state/federal agencies? This is indicative of a long-
term commitment and recognition of the value of a community's historic resources.

C. Enhancing

15. Main Street Program Does the local government participate in the program; if
so, what is the number of jobs/businesses created and sustained over time increments and
amount of investment into the district? This program often has a strong emphasis on
historic preservation and is a good indicator of a community's integrating historic
preservation into local economic development activity.
16. Certified Local Government Does the community participate in the National
Park Service program? Because it requires requires a sophisticated and reliable historic
preservation ordinance, annual accounting and active historic preservation programming,
this indicates a community's high level of commitment to historic preservation.
17. Participation in other state/federal programs What types of programs does the
community participate in that impact historic preservation, such as Florida Front Porch,
Waterfront Florida, or similar programs. Indicates incorporation of historic preservation
into local economic development activities.
18. Historic preservation non-profits How many non-profits dedicated to historic
preservation exist in the community, and what is their level of activity? Does local
government contribute funding to their activities? Indicates the inclusiveness of other
sectors in the historic preservation process.
19. Neighborhood participation Are neighborhood representatives actively included
in the historic preservation decision-making process? Are there neighborhoods eligible to
be historic districts, but not designated? Indicates the breadth of historic preservation in
the community, as well as whether new districts are possible.
20. Civic/museum partnerships In what ways, when and how often is the museum
used by civic groups, working with local government, increasing public awareness about
preservation and conservation issues? Indicates the integration of the value of historic
preservation into the overall community.

Contributions of Historic Preservation to the Quality of Life in Florida

21. Tax exemptions Does the community have an ad valorem tax exemption
(permitted by Florida Constitution since 1992) for restoring historic properties? Indicates
that the community is providing real incentives toward restoring and maintaining historic
22. Other incentive programs Grants-in-aid awarded, from both external and
community-based sources as well as other fund-raising efforts. Indicates incorporation of
other incentive techniques, as well as integration of historic preservation into sustainable
land use practices.

D. Interfacing

23. Housing affordability Measures such as interface with State Historic
Preservation Officer as related to historic housing and affordability issues, or percentage
of households living in historic or older homes by income. Indicates the community's
commitment to providing affordable housing while at the same time enhancing its
historic resources.
24. Business use Occupation by category of business for historic/older structures, or
type (such as technology intensive, small businesses, minority owned businesses).
Indicates the type of use and integration of historic properties into economic development
in the community, including any creative uses such as arts-based districts, warehouses
used for business incubators, tourism venues, etc.
25. Community draw factors How does historic preservation serve to draw people,
investments, events, etc. to the community? Indicates how much the community has
attempted to develop its all important "sense of place" that is vital.
26. Community use factors Does the community integrate its historic resources into
education, outreach, and tourism? Indicates whether or not the community is using its
resources to maximize positive outcomes such as enrichment for schools.
27. Heritage/cultural factors Do the historic resources support the community's
local or regional identity? Indicates the level of integration into larger venues, such as
specific historic crafts, agricultural practices, regional architecture, local storytelling, etc.

Implementing the Framework


The key for an indicators framework is not to have so many that it is too difficult to
assess and update regularly. Also, they need to be readily understood by the community.
Additionally, each community needs to explore the possibility of weighting the various
indicators to indicate which are more important for them. While some standard indicators
would be necessary to compare across communities, it is important that each community
select the indicators they feel can best monitor their progress towards desired outcomes.
These indicators imply progress (either backward or forward) and are gauges of the
interface with quality of life in the community.

Contributions of Historic Preservation to the Quality of Life in Florida

The indicators could be used to "rate" a community's interface with historic preservation,
in terms of weighting the various indicators. The issue of whether or not to weight or to
assign priority to indicators can be addressed by each community. For example, there
may be a need to assign more weight to an indicator that tracks assessed property value
trends. If values are rising rapidly, then it can point to success in historic preservation
programs while at the same time indicating a need to look at the outcomes of
gentrification on housing affordability. In cases such as this, indicators can be paired -
tracking value trends along with supply of housing or housing prices and this pairing
could provide greater insight. A weighting system can also be devised that divides
indicators into ranking scales; for example, with the top three highest priority indicators
having a higher ranking on the scale. Regardless of the type of weighting assigned, if any
at all, the community can recognize those indicators where more attention is needed. This
may be reflected in a positive or desirable direction of change (suppose that the
integration indicator changes because a new historic preservation element is adopted); a
negative or detrimental direction (the baseline indicator for historic properties declines
because of an upsurge in demolition permits); or a neutral or static direction (in this case
perhaps static is desirable such as with the baseline for historic properties remaining the
same indicating no major storms or other disasters).

Often, a non-profit community group will tackle the measurement and monitoring of an
indicator system in order to avoid appearances of self-reporting bias. However, some
local governments provide the overall monitoring and implementation, with an oversight
group of stakeholders. Either way, the community needs to commit to the indicator
system and to regular updates, typically annually or semi-annually. Reports of the
findings should be clearly written and shared with the community at large. Once the
initial year is established, it will be easier for the community to gauge against desired
benchmarks. Policies, programs, and efforts can then be adjusted accordingly to respond
as needed.


Establishing consistency in measurement is vital so that the indicators can be compared
through time, and ideally, to other communities. The following lists the suggested
measurements for each indicator:

1. Gauge the founding or incorporation of the community against the ages of
structures. This will establish the baseline of historic properties; for example, it may be
found that of historic structures in the community, 20% date from before the time of
incorporation; or that 30% of the structures are dated before 1920. The community will
have to decide the timeframe, or baseline to use. A periodic review is necessary to see if
the community is losing more historic properties by checking against demolition permits.
From this list, perhaps an endangered properties list could be generated to watch at-risk
historic properties more closely. Also, after any major incidence (storms, fires, etc.), a
baseline would need to be re-established for remaining structures.

Contributions of Historic Preservation to the Quality of Life in Florida

2. Identify the number of National Register Districts, state heritage districts, or
locally designated districts and overlap in any of these. Identify the number of designated
structures or landmarks. If not already designated, identify potential projects.

3. Economically distressed neighborhoods (median income lower than the median
for the community as a whole) often are areas of historic properties (older than 50 years).
These are opportunities for enhancing historic preservation with affordable housing,
increasing the quality of life for residents.

4. Rehabilitation/certified tax credits are offered for commercial property
rehabilitation in Florida. Determine if there have been any offered in the community, or if
possible projects exist.

5. Property value trends are a major economic indicator. This can include average
assessed value of properties, increase by time increments, per square footage value of
renovated properties compared with new construction, total assessed value of historic
properties compared with all other properties. From this, a typical historic property
appreciation value rate can be determined.

6. Identify the total amount of monies invested in the district. If also a Main Street
district, or a Community Redevelopment Agency district, this will be easier to determine.
Otherwise, a check with building permits or a survey of investors can yield the data.

7. The existence of a preservation element in the comprehensive plan is part of the
benchmark. Additionally, if a stand alone plan exists, then greater weight can be attached
to this indicator. Finally, it should be noted if historic preservation is integrated with
other relevant planning documents, such as the future land use plan.

8. The existence of design standards is the benchmark; however, it is only valuable
if the standards are enforced.

9. An active historic preservation commission is the benchmark along with a
comparison of their budget to the rest of the local government budget. Additionally,
activities may be gauged.

10. The strength of ordinances is vital. Greater weight is assigned to those that are
enforced and serve to strongly protect historic resources. For example, if variances are
typically not granted, then this would indicate a strong level of enforcement.

11. Record the date and type of survey completed. If over a decade old, encourage a
new survey.

12. Measure the number of staff assigned to historic preservation.

13. Measure the amount of activity, by type (granted, denied, enforcement actions,

Contributions of Historic Preservation to the Quality of Life in Florida

14. Measure the existence of disaster plans and preparation in place.

15. Measure the existence of a Main Street program and its activities. Also, some
communities adhere to the Main Street revitalization guidelines without official
designation as a Main Street community.

16. Measure the existence of certification and the program activities.

17. Identify the type and level of involvement with other programs at the state or
federal level.

18. Identify the amount and level of involvement with non-profits dedicated to
historic preservation in the community.

19. Identify the amount of neighborhood involvement, identification, and
organization interfacing with historic preservation.

20. Identify the type of interface activities to integrate historic resources into the

21. Identify the number of exemptions granted over specified time periods.

22. Identify the use and type of other incentives over specified time periods.

23. Measure housing costs versus income levels of specified areas.

24. Identify types and uses of business properties, including any creative uses such as
incubators, arts districts, etc.

25. Measure numbers of visitors, tourists, or investors in a specified time period, as
well as any external publicity about the community's historic resources.

26. Measure the type and level of integrative activities such as school group education
and outreach.

27. Measure activities such as heritage or cultural events. The community will need to
determine if they want to measure the total numbers of activities, or differentiate by types
or by numbers of participants.

Contributions of Historic Preservation to the Quality of Life in Florida

1-12 Contributions of Historic Preservation to the Quality of Life in Florida


Rhonda Phillips, Ph.D., AICP, CEcD

Director, Center for Building Better Communities
Associate Professor
Department of Urban and Regional Planning
College of Design, Construction and Planning
University of Florida

Contributions of Historic Preservation to the Quality of Life in Florida


11-2 Contributions of Historic Preservation to the Quality of Life in Florida

A postcard view of the Old Post Office in downtown
Ferandina Beach. Source: hillp ii .,i.nci.,-island.net/scenes.htm

Historic Preservation and Economic Development: The City of
Fernandina Beach

Rhonda Phillips


Values associated with historic preservation encompass a range of contexts, from cultural
and social to political. In the last few decades, values have expanded to embrace historic
preservation as a major economic resource and development strategy for communities
and regions. While it could be argued that the economic value of historic preservation is
not as vital as other contexts, it can have economic development impacts that are very
tangible. As Donovan Rypkema explained in his 1994 work, The Economics of Historic
Preservation, approaches such as Main Street and others that are preservation-based are
highly effective "there is no form of economic development of any kind, anywhere, on
any level, that is more cost effective and that is better able to leverage scarce public

Fernandina Beach is located on Amelia Island, a coastal barrier island along the
northeastern Florida coast (see map on the following page). It is one of three incorporated
areas in Nassau County and contains many of the area's historic properties. Its rich
history includes the distinction of being the last town platted by the Spanish before they
ceded Florida to the United States in the early 1800's. As one of the oldest settlements in
Florida, it offers a charming Victorian seaside setting. Fernandina Beach was named
"One of a Dozen Distinctive Destinations Worth Discovering" in 2002 by the National
Trust for Historic Preservation. Given its expansive historic resources, it provides an
excellent case study of how economic development and historic preservation can be
compatible and integrated to provide the community desirable outcomes while protecting
valuable resources. The next section provides a review of historic preservation activities
undertaken by the City of Femandina Beach followed by a section presenting economic
context and effects that have been experienced. The concluding section summarizes the

Contributions of Historic Preservation to the Quality of Life in Florida

Source: University of Florida, Map and Imagery Library,
United States Geological Survey Map


Fernandina Beach has a rich historic fabric that for decades in the early and mid-20th
century did not receive development pressures like other Atlantic coastal towns in
Florida. This turned out to be very fortuitous for present-day outcomes because of its
relative isolation away from the rapid build-up areas, the city was able to preserve its
historic fabric. By the late 1960's, some began to realize what treasures these historic
resources represented and initiated efforts to revitalize and preserve them. They realized
that the resources represented a basis on which to build a tourism industry and the basis
for desirable economic development outcomes. To clarify, they actually "rebuilt" a
tourism industry because in the late 1800's, Fernandina Beach was a well recognized
tourist destination, promoted and renowned by many as the "Newport of the South"
(referring to Newport, Rhode Island, a popular seaport and resort town).

There are two historic districts in Fernandina Beach that together contain 336 historic
buildings. The districts are:

(1) Downtown Historic District

This district, the Fernandina Beach Historic District, is a result of development of
Fernandina in its "new" location to the south of Old Town Fernandina after the mid-19th
century. (See the historic district boundary map on page 15 of this report.) According to

Contributions of Historic Preservation to the Quality of Life in Florida

the Amelia Island Museum of History, the reason for the new location of the town was
the construction of the railroad (it is the head of the rail line) and the subsequent tourist
boom during the late 19th century along with its natural harbor on the Amelia River.
The economy has been based on shipping, fishing, forestry, and tourism along with
manufacturing in the 20th century. This district contains a 55-block historic district
which now serves as the major component for a tourist-based economy of "Amelia
Island's Victorian seaport village."

The town contains many of the popular architectural styles of the late 19th and early 20th
centuries including the Italianate style Fairbanks House with its large square tower (7th
Street); the Palace Saloon built in the Beaux Arts style with a period interior, pressed
tin ceilings and murals from 1907 (Atlantic Avenue); the Fernandina Beach
Courthouse, one of the finest surviving Victorian courthouses in the state (Atlantic
Avenue and 5th Street); and Villas Las Palmas, an eclectic California Mission style
residence built in 1910. Other examples are found in the 100 block ofN. 6th Street,
called the "Silk Stocking District," where many of Fernandina Beach's most prominent
citizens built their homes" (per the Amelia Island Museum of History at
http://www.ameliaisland.org/atAGlance/history/aiMuseum.php). Below is an example
of one of these homes.

Source: http://www.amelia-island.net/scenes.htm

Contributions of Historic Preservation to the Quality of Life in Florida


. c^^^*



The district is a U.S. National Historic Landmark District, designated in 1973. The area is
approximately 1500 acres, bounded by North 9th Street, Broome, Ash, South 5th Street,
Date, and South 8th Street. The original district contained 122 historic buildings with an
expansion of the area in 1987 to include 970 more acres, bounded by 6th, Broome, North
3r and Escambia Streets; 7th and Date Streets, and Ash Street. The expansion added an
additional 174 more historic buildings for a total of 296 buildings. The following is the
description of the district from the National Register of Historic Places:

Contributions of Historic Preservation to the Quality of Life in Florida

rr's "'

This district also contains Centre Street, the main corridor of quaint
shops and historic buildings which serves as the primary
commercial and tourist district. It abuts the marina and harbor area
and is very scenic. Pictured left is Fernandina Beach's Victorian-
era courthouse with clock tower, a symbol of the historic Centre
Street in this core downtown area. (Source:

The shops along Centre and adjacent streets are unique, and of
individual character, with some of the businesses operating for long
periods of times. There are no chain stores in the downtown core,
which is unusual for a tourist area and this adds to the charm and
quaintness of the shopping district for tourists. The picture below is
a scene of Centre Street. There are very few vacancies in the
downtown commercial core.

Fernaiidiii Beach Historic District
(added 10'3 Nassau County t-73 1n5103)
Also kno\\ n as See Also: Tabby House:Bailey Hoiise:Fairbanlks House
Roiuhly bounded b\ N cith St Broome. Ash. S 5th St. Date. and S Sth St .
Fernandina Beach
( 1I5) acres. 122 buildings)
Historic Significance: Architecture/Engineering, Event
Architect, builder, or engineer: Barber,George W., et al., Schuyler,Robert V.
Architectural Style: Italianate, Queen Anne
Area of Significance: Architecture, Transportation, Exploration/Settlement,
Politics/Government, Commerce
Period of Significance: 1850-1874, 1875-1899
Owner: Private
Historic Function: Commerce/Trade, Domestic
Current Function: Commerce/Trade, Domestic

Fernandina Beach Historic District (Boundari Increase)
F (added loS Nassaui County 0SiOl0j ) "
Also kno\\n as Fernandina Beach Historic District:See Also:lMerrick--
Roughl\ bounded b\ Sixth. Broome. N Third. & Escambia Sts Se\ enth & Date
Sts. and Ash. Fernandina Beach
le' acres. 174 buildings)
Historic Significance: Event, Architecture/Engineering
Architect, builder, or engineer: Unknown
Architectural Style: Late Victorian
Area of Significance: Architecture, Transportation, Politics/Government, Commerce
Period of Significance: 1850-1874, 1875-1899, 1900-1924, 1925-1949
Owner: Private
Historic Function: Commerce/Trade, Domestic
Historic Sub-function: Multiple Dwelling, Single Dwelling
Current Function: Commerce/Trade, Domestic
Current Sub-function: Single Dwelling
Source: http://www.nationalregisterofhistoricplaces.com/FL/Nassau/districts.html

(2) Old Town

This district encompasses the original settlement area for Fernandina Beach and abuts the
waters of Amelia River. On page 17, at the end of this report, is a copy of the plat map of
Old Town dated 1811. The original grid system remains despite many years of
deterioration and decline due to depressed economic conditions and lack of any
improvements into the area until recent times. According to the Old Town Preservation
and Development Guidelines:

Contributions of Historic Preservation to the Quality of Life in Florida

"...about forty structures exist in the town, roughly the same number found in
records from the century of its founding. Old Town's geographic and cultural
isolation from the rapid development of Amelia Island has largely accounted for
its preservation. Bound on the north and west by the salt march of Egan's Creek
and the Amelia River respectively, the town occupies one of the highest points in
the area and demonstrates the careful strategic planning of Spanish settlements"

Within this district, there is an aura of history, rather than characterized by several
distinctive or significant buildings as found in the downtown district. It is a concept of
place that includes the climate as well as its history in social, cultural and economic
terms. There are currently no commercial activities in this district, only residential.

The description of the district is as below, from the National Register of Historic Places:

Original Toiwn of Fernandina Historic Site (added I 0 Site ,Soi~._S )
Also kno\ n as Old Toin
RouLhl bou bondeb\ To\\nuate St C'it\ Cemeter. Nassau. Malne. and Ladies St .
Fernandlina Beach
Historic Information Potential, Event, Architecture/Engineering
Area of Historic Non-Aboriginal, Exploration/Settlement, Community Planning
Significance: And Development
Cultural Affiliation: Spanish colonial, Spanish colonial, English colonial
Period of 1800-1824
Owner: Private Local Gov't, State
Historic Function: Defense, Domestic
Historic Sub-Fortification, Village Site
Current Function: Domestic
Source: http://www.nationalregisterofhistoricplaces.com/fl/Nassau/state.html

Oversight and Activities

Oversight and protection of the historic properties in both districts resides predominately
with the Community Development Department of the City of Fernandina Beach along
with its Historic Preservation Committee/Board and historic society (non-profit
organization). The Community Development Department is responsible for providing
services to the community regarding land use and building regulations, with activities
relating to planning, zoning, building inspections, code enforcement and other elements -
including application to historic properties.

Several activities by the City have created protection and enhancement of the historic
resources. These include designation as a Certified Local Government (CLG) a
program enacted as part of the National Historic Preservation Act Amendments of 1980.

Contributions of Historic Preservation to the Quality of Life in Florida

Designation as a certified local government elevates historic preservation to a public
policy through passage of a historic preservation ordinance establishing a historic
preservation board for development and oversight of historic preservation. Participation
in the program is vital as well to the local planning process, as governments in Florida are
required to address historic preservation in comprehensive planning decisions. By
identifying historic resources in a local government's comprehensive plan, proposed
development projects will be reviewed for consistency with preservation goals and
strategies. It also enables local governments to apply for various grants that support
preservation efforts (source: http://dhr.dos.state.fl.us/preservation/compliance/local/).

The City has plans to update its 1985 property survey as well as recently adding several
more properties to the district. They also watch endangered properties to prevent
demolition and try to acquire properties if needed. In 2003, the City developed and
adopted Guidelines, A Guide to Rehabilitation and New Construction in the Downtown
Historic District to help assure new development and rehabilitations would be consistent
with the character of the existing structures.


To better understand the role of historic preservation in economic development, it is
important to first consider the context of the economy. Fernandina Beach has always
been an active seaport with commercial shrimping and shipping a large part of the
economy. In the mid-20th century the paper mills and paper processing industries located
on the island. Although shrimping is not as viable now, a bit of activity remains. The Port
of Fernandina is the deepest natural water port in the south Atlantic and has been widely
used since the 1500's. The state of Florida operates a commercial port and the U.S.
Customs and Border Protection has a presence there. When the railhead was connected in
the 1850's, it opened up the port to the interior and the rail is still an important
transportation link for moving goods from the port and manufacturing establishments.
While the port and manufacturing are still important components of the economy, the
area has transitioned to include more service-based activities associated with tourism,
recreation, and retail. This is apparent over the last few decades as more development has
catered to those seeking an oceanside location as either primary or secondary homesites,
vacationing or investments.

The population of Fernandina Beach has grown over the last two decades. The chart
below illustrates this growth:

S 2005 2000 1990
Population 11 21.-4 10 .4'i 8 -,E,,
Source: U.S. Census Bureau, 2005 Population Estimates, Census 2000, 1990 Census

This represents a 6.8% change from 2000 to 2005 and a 29% change from 1990 to 2005.
The median age in the area is 43 years; the median household income for 2000 is $40,893

Contributions of Historic Preservation to the Quality of Life in Florida

(state average $38,819); and the median house value is $134,500 (state average
$105,500). Median family income for the same year is $54,806 compared to the state
average of $45,625. Part of this growth is due to the upswing in the economy of
Northeast Florida with commuters from Jacksonville electing to live in Fernandina Beach
as well as more people moving into the town from further afar as a retirement or second
home location.

The economy of Fernandina Beach is changing. A look at the 1997 and 2002 Economic
Census data (this census is conducted every five years) shows some of the areas where
change is occurring. Four sectors that are readily impacted by historic preservation and
preservation-based development are real estate; retail trade; accommodation and food
service; and arts, entertainment and recreation.

Selected Economic Census Comparison Data for 1997 and 2002, Fernandina Beach

(a = 1997, b = 2002)

NAICS* # of Sales Payroll # of
Sector Establishments (in 1000's) (in 1000's) Employees
Retail Trade a. 100 $151,012 $14,924 1189
b. 86 $158,203 $17,274 933
Real Estate a. 24 $23,894 $2,080 81
b.30 $19,702 $2,807 111
Arts, a. 9 $1,442 $ 291 27
Entertainment &
Recreation b. 12 $4,455 $1,366 122
Accommodations a. 54 na** na na
& Food Service
(72) b. 55 $35,188 $9,826 874
*North American Industry Classification System used by the U.S. Government. **data were not reported for these
categories for 1997.
Source: Compiled from the U.S. Bureau of the Census, Economic Census 1997 and 2002.

For the retail trade sector, the number of establishments has decreased note this is for
the entire city of Fernandina Beach, not only the historic district. Several explanations for
this may be valid: (1) there is increased retail competition in outlying areas adjacent to
the island, particularly along the A1A commercial corridor where intense building is
being experienced in Nassau County; and (2) some retail space is lost due to properties
taken over for other uses for example, there have been several property buy-outs to
convert to residential uses. Despite the decrease in the number of establishments, it
should be noted that the average pay per employee increased from $12,551 in 1997 to
$18,513 in 2002.

Contributions of Historic Preservation to the Quality of Life in Florida


Within the Centre Street historic commercial district, there are 74 businesses (commercial
properties). There is very little vacancy, with an occupancy rate estimated at over 90%.
These businesses are unique and are not national chain stores. However, there are threats
to their continued success as well including the issue of increasing property taxes.

The Arts, Entertainment & Recreation sector increased both its number of establishments
and sales volumes per establishment. The Real Estate sector increased its number of
establishments as well, which is expected in an area with escalating property values. A
slight increase in the Accommodations & Food Service was experienced, but since no
other data were provided for 1997, it makes comparison difficult.

Other sectors to consider impacts include Professional, Scientific & Technical (NAICS
major group category 54). Full data were not reported for 2002, but in 1997 there were 44
establishments with 212 employees and a high average payroll (total payroll divided by
number of employees) of over $48,000. In 2002, there were 72 establishments a growth
rate of 65% in this industry sector in five years. No data were provided for payroll, sales,
or number of employees; however, extrapolating from 1997 data indicates an estimated
employment of nearly 350. This category has received much attention nationwide with
the concept of creative economies that by offering a high level of amenities including
arts and culture-related elements, more high level, technology/skill intensive jobs will be
attracted to the area. Preservation-based development, with its cultural, social and other
aspects, can also be part of a creative economy venue and this may in part explain some
of the growth in this sector for Fernandina Beach. Additionally, it is interesting to note
that the number of Manufacturing (categories 31-33) establishments increased from 15 in
1997 to 17 in 2002. Employment data were not provided.

Two other sectors have changed as well. Educational Services (NAICS major group
category 61) increased the number of establishments from 2 to 10 from 1997 to 2002.
(No other data were provided for either census year). Also, Healthcare & Social
Assistance (NAICS major group category 62) increased from 35 establishments with 433
employees in 1997 to 55 establishments with 1,080 employees in 2002.

Property Values

Fernandina Beach has experienced dramatic increases in its property values over the last
several years. Using data from the Nassau County Property Appraiser's Office, it was
found that the historic properties in both districts and along Centre Street have gained
much market value. Due to the nature of the data, it is first analyzed by the benchmark
years 1996, 2001, and 2005 for 462, 482, and 500 properties respectively (those
properties located in either historic district but not necessarily listed). It should be noted
that the 74 commercial properties along Centre Street are presented separately for the
years 2001 and 2005. All values are just market values as determined by the Nassau
County Property Appraiser's Office.

Contributions of Historic Preservation to the Quality of Life in Florida


Property Market Values for Historic Districts

Year Total Value Average Value per # of Properties in
property Database
1996 $ 34,803,482 $ 75,332.21 462
2001 $ 68,641,060 $ 142,408.84 483
2005 $ 133,960,113 $ 267,920.23 500

Source: Compiled from Nassau County Property Appraiser's Office data, 2006.

Note that the average value-per-property figures have increased quite dramatically as
total values of the properties have gained. The most dramatic upswing in values is
between 2001 and 2005 where average values nearly doubled due to the rapid
development and growth taking place on the island.

Increases in Market Values for Properties in Historic Districts

Time Period Increase in
Market Value
From 1996 to 2001 89%
From 2001 to 2005 88%
From 1996 to 2005 256%

Source: Compiled from Nassau County Property Appraiser's Office data, 2006.

The increase in market values is extremely high and reflects the rapid development and
increase in values from the desirable real estate markets on the island. It is most dramatic
over the study period, with an average of 28% increase per year this is quite above
average for most small cities and gives credence to the idea that places and properties
with charm and character such as that represented by historic resources are highly valued.
Coupled with the desirable waterfront location, Femandina Beach has garnered
tremendous gains in property values, transitioning from an area that was characterized as
a slower paced economy to a robust market.

Rapid rises in property values have a variety of effects for property owners, however. It is
critical for owners of historic properties to gain value for their restoration and adaptation
efforts, yet there is a limit on the amount of increases in tax property taxes for example
that can be feasibly carried if incomes do not rise accordingly. Also, displacement can
occur if property taxes rise to the point that owners cannot afford to pay them. The
character of a community can begin to change with rapid displacement. Additionally,
there have been recent discussions among business owners on Centre Street about

Contributions of Historic Preservation to the Quality of Life in Florida


increasing property taxes affecting their businesses' financial feasibility. This is
particularly relevant for new property tax assessments for buyers. Whereas a primary
residence property has both a homestead exemption and a 3% per year cap on tax bill
increases, commercial properties (as well as second or vacation homes and investment
properties) do not have this cap. Thus, for commercial properties, property taxes can go
up at a higher rate.

The Centre Street commercial corridor and adjacent commercial properties are the focus
of the tourist trade for Fernandina Beach. There are 74 commercial properties on Centre
Street the majority of these properties are historic and represent the "Main Street" of
the traditional shopping and downtown area. The market values of these properties have
increased dramatically as well. The table below shows growth in per property market
value from the comparison point of 2001 to 2005:

Centre Street Market Property Values for 2001 and 2005
Year Total Value Per Property Average Value
2001 $21,267,565 $287,400
2005 $46,571,770 $629,348
Source: Compiled from Nassau County Property Appraiser's Office data, 2006.

The change in market values represents a 119% increase, with average value per property
more than doubling during the four-year time period.


The City of Fernandina Beach has benefited tremendously from its historic resources and
by pursuing preservation-led strategies for economic development. Its downtown district
is a major attraction for many tourists each year and offers a unique and quaint
experience that is different from many coastal towns where all the same chain stores may
exist and newer buildings are the standard. It is indeed a charming Victorian era seaside
town and has done a commendable job of preserving its historic resources to date. As
seen in the first sections of this report, they have a considerable number of historic
properties to work with and as discussed in the subsequent section, they have garnered
economic gains that are quite impressive for a small city.

Some issues have emerged that the City of Femandina Beach and others concerned with
protecting their historic resources will need to consider. One of these is that the rapid rise
in market values of the properties can have some chilling effects on business activity, if
property tax bills rise too high for local businesses to support. It also impacts new
property tax assessments for buyers when a property is sold and may indicate that small,
unique businesses could not afford to pursue new opportunities. A key to preserving the
quality and character of a unique place like Fernandina Beach will be to address this and
other issues to maintain balanced and sustainable preservation-based development.

Contributions of Historic Preservation to the Quality of Life in Florida


This case study illustrates that economic development and historic preservation are
indeed compatible and can serve as a valuable basis on which to build and enhance a
local economy. By preserving historic resources and enhancing their use and appeal,
development outcomes can be realized that benefit not only the economic aspects but also
the social and cultural dimensions with provision of a unique and desirable community.

A view of Amelia Island from the air...

Source: http://www.aifbv.com/, Fernandina
Beach Chamber of Commerce, 2003.

Contributions of Historic Preservation to the Quality of Life in Florida


Fernandina Beach Historic District boundary map

... L. .

C .



Contributions of Historic Preservation to the Quality of Life in Florida


11-16 Contributions of Historic Preservation to the Quality of Life in Florida

Fernandina Beach, Florida Plat Map of Old Town dated 1811

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Contributions of Historic Preservation to the Quality of Life in Florida


11-18 Contributions of Historic Preservation to the Quality of Life in Florida



Timothy E. McLendon

Staff Attorney
Center for Governmental Responsibility
University of Florida Levin College of Law

Contributions of Historic Preservation to the Quality of Life in Florida

11-2 Contributions of Historic Preservation to the Quality of Life in Florida

Carrots and Sticks: An Examination of Legal Tools
Promoting Historic Preservation and their Effect on Quality of Life
Timothy E. McLendon*

I. Introduction.

Historic preservation in the United States is supported by a legal and policy structure at all levels
of government: federal, state and local. Each level plays an important part, though the primary
controls are imposed by local governments. Local historic preservation relies upon a variation of
the land use laws commonly employed by local governments. They differ from ordinary zoning
in that the primary concern of a historic preservation ordinance is not density or usage, but
maintaining the appearance of historic structures and the visual integrity of historic districts. In
this way they are akin to aesthetic zoning, such as the regulation of signs. Even so, historic
preservation ordinances are treated by the courts as a type of zoning or land use ordinance and
are governed by many of the same constraints, whether political or legal.

This article provides a context for historic preservation law in Florida, including a survey of the
federal and state roles in historic preservation. Local ordinances, however, remain the most
important component in preserving historic resources, and a discussion of local land use
regulations to protect and incentives to encourage historic preservation occupies the greater
portion of this article. The article will also examine how the laws and policies promoting historic
preservation fit within the greater context of quality of life in Florida communities.

Quality of Life Defined.

Several related terms are widely used in an attempt to measure "quality of life." The most
common and broadest of these is "sustainability." Sustainability, or sustainable development, is
a concept in which the population and vital functions of a community can be maintained into the
indefinite future without degrading the community's institutions, its means of production, its
infrastructure, its resource base or the natural and man-made environments.' Sustainability
embraces the environment as a mainstream scientific and economic factor in all policy, planning
and decision-making processes. Sustainability aims to enable true development in a process of
"continual improvement," while also enhancing the cultural and natural environment, as well as
society's resource base.

Staff Attorney, Center for Governmental Responsibility, University of Florida Levin
College of Law. The author would like to thank Jon Carroll and Jim Robertson for their research
assistance in preparing this article.
1 The oft-quoted definition of sustainability, offered by the 1987 United Nations
Commission on Environment and Development (the Bruntland Commission), in its influential report Our
Common Future, is "development that meets the needs of the present without compromising the ability of
future generations to meet their own needs."

Contributions of Historic Preservation to the Quality of Life in Florida


The concept of sustainable development arose from increased awareness that global and local
failures to sustain economic development and manage natural and man-made environments
ultimately threaten to undermine human social structures. Development cannot co-exist with a
deteriorating environmental base; the environment cannot be protected where growth fails to take
the costs of environmental damage into account. These problems are linked in complex
interactions between human cultures and the physical environment.2

Sustainability has been applied in a variety of contexts to an increasingly wide range of issues,
including urban sprawl, new economic development, inner-city and brownfield redevelopment,
local small businesses and micro-economics, environmental justice, ecosystem management,
resource recycling, agriculture, biodiversity, lifestyles, green buildings, energy conservation, and
pollution prevention. By its very nature, sustainable development is a broad-based concept
which means different things to different groups of people depending on their respective social,
political and environmental situations. The result is problematic for the implementation of
sustainable development initiatives.

Hundreds of communities across the United States have discovered that the previously
acceptable piecemeal approaches to resolving community issues are not adequate to solve
present-day problems.3 Many of these communities are seeking to develop new long-term
approaches based on the concepts of sustainability. Although true "sustainability," in terms of
comprehensive long-term environmental, social and economic health stability over generations
may not yet exist, policy approaches that tend toward sustainability are achievable immediately.
As Governor Bill Richardson, former U.S. Ambassador to the United Nations said, "Sustainable
development works when the approach is integrated, the participation is broad and the process is
initiated and sustained from the bottom up."4 Local governments are key players in achieving
sustainability on the national or international level, and the decisions taken by local governments
have increasing significance in determining whether the United States moves toward a future that
is environmentally, economically and socially sustainable.

Increasingly, communities seek to adopt more sustainable practices because they see potential
savings in operating costs, as well as opportunities for economic and environmentally sensitive
development, and an overall improvement in the quality of life through such practices. There is
also an increasing awareness of the costs of unbridled growth, costs that are reflected in sprawl,

2 See The American Institute of Urban and Regional Affairs, available online at:
3 For more information about the development of sustainable development projects
highlighting the use of indicators, see, e.g., David S. Sawicki & Patrice Flynn, Neighborhood Indicators:
A Review of the Literature and an Assessment of Conceptual and Methodological Issues, 62 J. AMERICAN
PLANNING ASS'N 165 (1996).
PREVENTION: A SOURCEBOOK (1997), available online at: http://www.rand.org/publications/MR/MR855.

Contributions of Historic Preservation to the Quality of Life in Florida


clogged highways, loss of green space, and economic inequities.5 "Quality of life" is an inherent
part of any definition of sustainability, and is sometimes used in a manner synonymous with
sustainability.6 If a difference exists between "quality of life" and "sustainability," it may lie in
the greater emphasis placed upon the social and economic components when discussing quality
of life.

In Florida, there has been increasing recognition that our state-mandated Growth Management
Acts and comprehensive planning processes have been unable to control growth, and have also
failed to preserve many things that make Florida so attractive. There is renewed interest in
enabling people in cities and towns across Florida to determine the directions their communities
should take in the future.8 These concerns also prompted the Florida Legislature to fund the
Sustainable Communities Demonstration Project in five Florida communities.9

How does Historic Preservation Fit into Quality ofLife?

The question of the role of historic preservation when one speaks of quality of life has two
integral components: first, the extent to which the preservation of historic resources fits within
the concept of quality of life; and second, the extent to which historic preservation laws and
policy programs promote historic preservation. This report addresses the second of these issues.

5 See, e.g., 1000 Friends of Florida, Planningfor Tomorrow: A Citizen's Guide to Smarter
Growth in Florida 6-7 (1999), available online at: http://www.1000fof.usf.edu; Richard Carson, Paying
for Our Growth in Oregon (1998), available online at: http://www.ficus.usf.edu/library/.
6 Thus, for instance, quality of life indexes are usually sustainability indexes. See, e.g.,
Malcolm Shookner, The Quality ofLife in Ontario, Fall 1999, available online at: http://www.qli-
ont.org/indexe.html (defining "quality of life" as "The product of the interplay among the social, health,
economic and environmental conditions which affect human and social development"); City Within A
City: Neighborhood Quality of Life Index (UNC Charlotte & Urban Institute, 1997). Both of these
reports define "quality of life" to include social, economic and environmental aspects.
7 Sustainability may also focus more on the future impact of current policies and lifestyles,
while quality of life, and its associated term "livability," focus more on present issues.
8 Such concerns and interests lie behind the Eastward Ho! initiative which arose from the
Governor's Commission for a Sustainable South Florida and which sought to turn development back to
the older portions of South Florida both as a means of Everglades preservation and of inner-city
Regional Planning Council, 1996); BUILDING ON SUCCESS: A REPORT FROM EASTWARD Ho! (South Fla.
Regional Planning Council, 1998).
9 See FLA. STAT. 163.3244 (repealed by sunset provision in 2002). The communities
were Orlando, Boca Raton, Martin CLini\, Tampa/Hillsborough Cnint\ and Ocala. The Florida
Sustainable Communities Network was established for these communities, and for other interested
Florida communities, to encourage interest in and inform about efforts related to sustainability. This
network is available online at: http://sustainable.state.fl.us.

Contributions of Historic Preservation to the Quality of Life in Florida


A preliminary literature search linking quality of life or sustainability and historic preservation
does not reveal an overt linkage on the part of those studying sustainability. There is certainly an
assumption made that historic preservation is linked to an improved quality of life. The
designation of historic districts is viewed as a tool for urban renewal, neighborhood restoration
and preservation,10 and it does not seem to be much of a stretch to equate an increased quality of
life in a particular area with the idea of renewal. The evidence is that historic designation fosters
improvement of neighborhoods, encouraging private and public investment in the fabric and
infrastructure, and contributing to both economic and community development. Yet quality of
life standards do not incorporate historic preservation as an indicator," nor do studies directly
link the two.

There are, however, studies which examine "the economic impact of preservation on property
values."12 As total taxable value of real property is a measure of quality of life,13 increased
property value due to historic preservation is related in some manner to improved quality of
life.14 Lynch demonstrates that a premium of $80,000 is associated with restoring historic homes
in the Riverside-Avondale and Springfield historic districts of Jacksonville.15 Haughey and
Basolo16 also note "a positive housing sales price premium" for homes located in designated
historic districts in New Orleans.1 Regression analysis in Texas cities has demonstrated that, in

10 See Robin M. Leichenko et al., Historic Preservation and Residential Property Values:
An Analysis of Texas Cities, 38 URBAN STUDIES 1973, 1974 (2001); Allen K. Lynch, Preservation
Premiums and Required Restoration Discounts: An Empirical Analysis of the Jacksonville, Florida,
Historic Housing Market, THE APPRAISAL J., Spring 2004, at 127.
11 For more information on two of the most influential and successful studies that monitor
quality of life in Jacksonville and Tallahassee, see, e.g., JACKSONVILLE COMMUNITY COUNCIL, INC.,
2005 QUALITY OF LIFE PROGRESS REPORT (2005) available at http://www.jcci.org [hereinafter 2005
COUNTY (2005) available at http://www.21stcenturycouncil.net [hereinafter 2005 TALLAHASSEE
12 See Lynch, supra note 10.
13 See 2005 JCCI REPORT, supra note 11.
14 Housing affordability is another common indicator of quality of life which would seem
to be contradicted by increases in property value when there is no corresponding increase in median
family income, yet another quality of life indicator.
15 See Lynch, supra note 10, at 134.
16 See Patrick Haughey and Victoria Basolo, The Effect of Dual Local and National
Register Historic District Designations on Single-Family Housing Prices in New Orleans, THE
17 Id. Unlike Lynch, Haughey and Basolo did not look at restored homes within a district,
but rather at the premium associated with homes located in historic districts. Haughey and Basolo's
study finds that single family housing sale prices in federal historic preservation districts are 33.1%
higher than in neighborhoods without a historic designation. In those districts with both local and federal
historic designation single family sale prices are 23.1% higher than neighborhoods lacking a historic
designation. Id.

Contributions of Historic Preservation to the Quality of Life in Florida


most cases, historic designation is associated with significantly higher property values.8

Although some studies have found no premium associated with historic district designation,19
studies have consistently indicated that historic preservation programs do play a role in
maintaining property values. Thus, studies in New Jersey,20 Georgia,21 Texas,22 Colorado,23
North Carolina,24 Maryland,25 Florida26 and New York,2 all suggest some linkage between
historic preservation and the maintenance of property values. However, because property values
are based upon numerous factors, it is difficult to make generalizations from city to city, or even
district to district based on these studies.

Security is also a commonly accepted quality of life indicator.28 Although historic preservation
does not explicitly address this issue, a successful program may play a role in improving
neighborhood security to the extent that decayed houses are rehabilitated and vacant homes are

18 See Leichenko et al., supra note 10,at 1977-84 (examining the results of historic
designation in Abilene, Dallas, Fort Worth, Grapevine, Laredo, Lubbock, Nacogdoches, San Antonio and
San Marcos); N. Edward Coulson & Robin M. Leichenko, The Internal and External Impact of
Historical Designation on Property Values, 23 J. REAL ESTATE FIN. & ECON. 113 (2001) (comparing
residential property in Abilene, Texas).
19 Id. at 286.
20-25 (20002).
RESIDENTIAL PROPERTY VALUES (N.Y. City Ind. Budget Office Background Paper, 2003).
28 Almost every indicator report measuring quality of life addresses the issue of security.
For example, one of the major sections of JCCI's annual report on Jacksonville looks at "Keeping the
Community Safe," and reports such indicators as crime rates, citizen perception of safety, emergency
response times, juvenile crime, child abuse and student conduct statistics, domestic violence incidents,
motor vehicle accidents, and violent deaths of youth. See 2005 JCCI REPORT, supra note 11, at 67-74.
Tallahassee, likewise, measures nine indicators of public safety. See 2005 TALLAHASSEE QUALITY OF
LIFE REPORT, supra note 11.

Contributions of Historic Preservation to the Quality of Life in Florida


occupied.29 This improvement in local public safety and security is visible with the ongoing
restoration of Jacksonville's once deteriorated Springfield Historic District.30

29 The prevalence of vacant and deteriorating buildings in a community can be a factor in
increased crime. See David T. Kraut, Note, Hanging Out the No Vacancy Sign: Eliminating the Blight of
Vacant Buildings from Urban Areas, 74 N.Y.U. L. REV. 1139, 1143-51 (1999). Akin to the problem of
vacant structures are other unaddressed code violations and vandalism, all of which can serve as an
indicator of lawlessness. See, e.g., James Q. Wilson & George L. Kelling, Broken Windows, ATLANTIC
MONTHLY, Mar. 1982, at 29; William J. Bratton et al., This Works: Crime Prevention and the Future of
Broken Windows Policing, Civic BULLETIN, No. 36, Apr. 2004, at 1.
30 The Springfield Historic District has been the focus of major revitalization efforts
beginning in 1998 involving the auction of homes for rehabilitation, appropriate infill development of the
numerous vacant lots, and beautification and streetscaping. See, e.g., Charlie Patton, 'Secret'
renaissance under way in Springfield, FLA. TIMES-UNION, Jul. 5, 2006, available online at:
http://www.jacksonville.com/tuonline/stories/070506/met 22261964.shtml. A review of crime statistics
released by the Duval COuinl\ Sheriffs Office shows that, in the four years since 2002, violent and
property-related crimes decreased drastically in the Springfield Historic District (in a four-block radius
from the intersection of Main Street and 8th Street):
Description of Crimes Count 2/8/2002 Count 2/8/2006
8/8/2002 8/8/2006

Assault/Battery 194 28


Burglary/Other 46 5

Burglary/Residential 46 7

Burglary/Vehicle 53 17

Murder 0 0

Robbery 58 9

Contributions of Historic Preservation to the Quality of Life in Florida


In addition to economics, historic preservation and issues such as aesthetics have long been
recognized as playing an important role in the self-definition of a community. The Supreme
Court noted in its seminal case Berman v. Parker, when it upheld aesthetic zoning:

The concept of the public welfare is broad and inclusive. . The values it
represents are spiritual as well as physical, aesthetic as well as monetary. It is
within the power of the legislature to determine that the community should be
beautiful as well as healthy, spacious as well as clean, well-balanced as well as
carefully controlled.31

The contribution of historic preservation to the quality of life of citizens, and especially its role in
making cities livable has likewise been recognized. When it adopted the National Historic
Preservation Act in 1966, Congress made several findings that tie historic preservation directly to

Sex Offenses

Lewd/Lascivious/ 1 0

Sexual Battery 3 1


Theft 343 38

Theft/Vehicle 48 6

Vandalism 136 18

This is not to maintain that the rehabilitation of historic buildings is the key factor in making Springfield
safer, but that the revitalization of the neighborhood -- in which rehabilitation of the historic fabric has
played a key role -- has been a factor in making the neighborhood safer for residents both old and new. It
is also true that the increased safety in Springfield corresponds to a lower crime in all of Jacksonville in
2005 as compared with 2002, with violent crimes citywide falling from 7,043 incidents in 2002 to 6,600
incidents in 2005; and property crimes falling from 43,978 incidents in 2002 to 43,517 incidents in 2005.
REPORTS, Table 6 "Index of Crime by Metropolitan Statistical Area 2002" (2003), available online at:
UNIFORM CRIME REPORT, JAN.-DEC. 2005, Table 4 "Offenses Reported to Law Enforcement, Cities and
Towns 100,000 and over in population" (2006), available online at:
http://www.fbi.gov/ucr/2005preliminary/index.htm. Nevertheless, Springfield has witnessed more
significant reductions in reported crimes, and the revitalization of Jacksonville's Springfield Historic
District has arguably contributed to the increased safety of its residents. More information about
Jacksonville crime statistics is available online from the Duval Count\ Sheriffs Office at:
31 348 U.S. 26, 33 (1954). In Berman, the Supreme Court found that local aesthetic
controls could be a valid exercise of the police power.

Contributions of Historic Preservation to the Quality of Life in Florida


the quality of life of American citizens:

(1) the spirit and direction of the Nation are founded upon and reflected in
its historic heritage;

(2) the historical and cultural foundations of the Nation should be
preserved as a living part of our community life and development in order to give
a sense of orientation to the American people;

(3) historic properties significant to the Nation's heritage are being lost or
substantially altered, often inadvertently, with increasing frequency; [and]

(4) the preservation of this irreplaceable heritage is in the public interest so
that its vital legacy of cultural, educational, aesthetic, inspirational, economic, and
energy benefits will be maintained and enriched for future generations of

32 National Historic Preservation Act, 16 U.S.C. 470(b). Congress, when adopting the
National Historic Preservation Act (NHPA), was heavily influenced by a report produced by the U.S.
Conference on Mayors. This report, entitled With Heritage So Rich, examined the status of preservation
in the U.S. at the time and made several important conclusions:
The pace of urbanization is accelerating and the threat to our environmental heritage is
mounting; it will take more than the sounding of periodic alarms to stem the tide.
The United States is a nation and a people on the move. It is in an era of
mobility and change. Every year 20 percent of the population moves from its place of
residence. The result is a feeling of rootlessness combined with a longing for those
landmarks of the past which give us a sense of stability and belonging.
If the preservation movement is to be successful, it must go beyond saving bricks
and mortar. It must go beyond saving occasional historic homes and opening museums.
It must be more than a cult of antiquarians. It must do more than revere a few precious
national shrines. It must attempt to give a sense of orientation to our society, using
structures and objects of the past to establish values of time and place.
This means a reorientation of outlook and effort in several ways.
First, the preservation movement must recognize the importance of architecture,
design and esthetics as well as historic and cultural values. Those who treasure a
building for its pleasing appearance or local sentiment do not find it less important
because it lacks "proper" historic credentials.
Second, the new preservation must look beyond the individual building and
individual landmark and concern itself with the historic and architecturally valued areas
and districts which contain a special meaning for the community. A historic
neighborhood, a fine old street of houses, a village green, a colorful marketplace, a
courthouse square, an esthetic quality of the townscape all must fall within the concern
of the preservation movement. It makes little sense to fight for the preservation of a
historic house set between two service stations, and at the same time to ignore an entire
area of special charm or importance in the community which is being nibbled away by

Contributions of Historic Preservation to the Quality of Life in Florida


The Florida Legislature, likewise, announced the state's policy with regard to historic
preservation by making specific findings:

The rich and unique heritage of historic properties in this state, representing more
than 10,000 years of human presence, is an important legacy to be valued and
conserved for present and future generations. The destruction of these
nonrenewable historical resources will engender a significant loss to the state's
quality of life, economy, and cultural environment.33

II. Overview of Federal and State Roles in Historic Preservation.

A. Historic Preservation and the Federal Government.

Matters of historic preservation remain predominantly reserved to state and local governments.
This is because of the essentially local nature of all land use decisions. Nevertheless, the federal
government plays a limited though important role in historic preservation. The contribution of
the federal government lies in two major areas: first, federal statutes, such as the National
Historic Preservation Act and others, set forth national policy on historic preservation and
regulate the impact of federally funded or permitted projects on historically significant resources;
and second, in the role played by certain federal agencies, most notably the National Park
Service, as administrators of certain historic resources and coordinators of historic programs. A
final and very significant federal contribution involves the use of tax policy to promote historic
preservation and rehabilitation through tax credits.

incompatible uses or slow decay.
Third, if the effort to preserve historic and architecturally significant areas as
well as individual buildings is to succeed, intensive thought and study must be given to
economic conditions and tax policies which will affect our efforts to preserve such areas
as living parts of the community.
In sum, if we wish to have a future with greater meaning, we must concern
ourselves not only with the historic highlights, but we must be concerned with the total
heritage of the nation and all that is worth preserving from our past as a living part of the
rep. 1983).
33 FLA. STAT. 267.061(1)(a). Originally enacted in 1967, the Florida Historical
Resources Act goes further to announce as state policy: 1) the preservation of Florida's historic
resources; 2) careful stewardship of state-owned historic properties; 3) encouragement of preservation of
privately owned historic resources; 4) use of measures such as "financial and technical assistance" to
promote "harmonious coexistence of society and state historic resources"; 5) encouragement of
preservation and utilization of historic resources; and 6) assistance to local governments in their
preservation activities. Id.

Contributions of Historic Preservation to the Quality of Life in Florida



The National Historic Preservation Act (NHPA), establishes the National Register of Historic
Places and authorizes the Secretary of Interior to designate properties as historic landmarks, and
to set forth criteria for landmark designation.34 The National Register Criteria have been
tremendously influential in building consensus on what resources deserve protection in local
ordinances. These criteria, modified to suit local conditions and priorities, are included in many
local historic preservation ordinances.35

Properties listed in the National Register enjoy certain federal procedural safeguards. The Act
requires that any federal agency with direct or indirect control over proposed federal, federally-
assisted or federally-authorized projects must consider the effects on any district or site included,
or eligible to be included,36 in the National Register before approving the expenditure of federal
funds or granting any federal license or permit.3 This process is known as Section 106 review.

NHPA's Section 106 has played an important role in preserving communities. Under federally
funded urban renewal programs in the 1950's and 1960's, neighborhoods in many cities were
razed because they were poor. Many historic neighborhoods were lost. Section 106 review has
helped prevent recurrence of this largescale urban restructuring.

NHPA also establishes the State Historic Preservation Officer, who is the official within each
State "designated by the Governor or a State statute to act as liaison for purposes of

34 16 U.S.C. 470 470x-6. According to regulations promulgated by the National Park
Service, sites and structures that qualify for the National Register are those:
that are associated with events that have made a significant contribution to the broad
patterns of [American] history; that are associated with the lives of persons significant in
[that history]; or that embody the distinctive characteristics of a type, period, or method
of construction .. that represent the work of a master .. that possess high artistic
values, that represent a significant and distinguishable entity whose components may
lack individual distinction, or that have yielded, or may be likely to yield, information
important in prehistory or history.
36 C.F.R. 60.4.
35 See, e.g., P.J. Birds, 654 So. 2d at 170 (upholding Dade Count\ 's preservation criteria,
which were substantially the same as the National Register criteria). For a general discussion of federal
laws and conventions impacting historic preservation, see Marilyn Phelan, A Synopsis of the Laws
Protecting Our Cultural Heritage, 28 NEW ENG. L. REV. 63, 66-79 (1993).
36 Courts have ruled that eligible property includes any property which meets the National
Register Criteria, regardless of whether it has been officially listed in the National Register. See Boyd v.
Roland, 789 F.2d 347, 349 (5th Cir. 1986).
37 16 U.S.C. 470f. The Act is limited in scope in that it only applies to federal agencies,
and exempts states from coverage. See Lee v. Thornburgh, 877 F. 2d 1053, 1056 (D.C. Cir. 1989); cf 16
U.S.C. 470w(2). The review usually involves identification of properties protected by the Act and
consultation with the Advisory Council on Historic Preservation and the local State Historic Preservation
Officer on the best means of mitigating harmful effects to listed or eligible properties.

Contributions of Historic Preservation to the Quality of Life in Florida


administering historic preservation programs within that State."38 The State Historic
Preservation Officer identifies and nominates properties to the National Register of Historic
Places.39 NHPA also establishes the State Historic Preservation Programs and provides for the
certification of local governments' preservation programs by the National Park Service. The
Certified Local Government Program will be discussed later in this work.


Two other federal laws significantly impact historic preservation. The National Environmental
Policy Act (NEPA),40 although first and foremost a natural environmental protection act, also
requires environmental impact statements for federal and federally-assisted projects which
"significantly affect the quality of the human environment."41 NEPA requires the federal
government to "use all practicable means ... to improve and coordinate Federal plans,
functions, programs, and resources to the end that the Nation may ... preserve important
historic, cultural and natural aspects of our national heritage."42

NEPA provides procedural safeguards when major federal projects affect environmental, cultural
or historic resources.43 NEPA requires that, when considering a major federal action, the agency
must prepare a detailed statement that explains: "(i) the environmental impact of the proposed
action; (ii) any adverse environmental effects which cannot be avoided should the proposal be
implemented; and (iii) alternatives to the proposed action."44 As a practical matter, this requires
the agency to perform an Environmental Assessment (EA) when considering a major federal
action. If the agency, having taken a "hard look" at the issue in a proper EA, finds that no
significant impact is likely, that satisfies its obligations.45 However, should the impacts of the
38 36 C.F.R. 67.2.
39 36 C.F.R. 60.6; see FLA. STAT. 267.061(5) (providing for the State Historic
Preservation Officer).
40 Codified at 42 U.S.C. 4321-70a.
41 42 U.S.C. 4332(C).
42 Id. at 1563-64. 42 U.S.C. 4331(b)(4). For more generally on NEPA and a discussion of
cases involving impact statements, see DANIEL R. MANDELKER, NEPA LAW AND LITIGATION (1991);
Joseph Z. Fleming, Analysis of the National Environmental Policy Act of 1969, in FLORIDA
ENVIRONMENTAL AND LAND USE LAW 16-1 (James J. Brown ed., 1991).
43 Implementing regulations under NEPA are promulgated by the Council on
Environmental Quality, which clarifies the procedural requirements under the statute. See 40 C.F.R.
1500 et seq.
44 42 U.S.C. 4332(C). The provision also requires consideration of "the relationship
between local short-term uses of man's environment and the maintenance and enhancement of long-term
productivity," and "any irreversible and irretrievable commitments of resources which would be involved
in the proposed action should it be implemented." Id.
45 For the requirements of an EA under NEPA, see, e.g., Cabinet Mountains Wilderness v.
Peterson, 685 F.2d 678, 682 (D.C. Cir. 1982); Protect Key Westv. Cheney, 795 F. Supp. 1552, 1559-60
(S.D. Fla. 1992).

Contributions of Historic Preservation to the Quality of Life in Florida


agency action on environmental, cultural or historic resources be significant, the agency is
required to prepare a full Environmental Impact Statement, which is a complete analysis of the
likely impacts, proposed mitigation and alternatives to the federal action, all of which are subject
to public comment and agency response.46 The mandate of NEPA, like the Section 106 process
established by the NHPA, is procedural rather than substantive in nature.4


The Department of Transportation Act, Section 4(f),48 contains a further federal protection of
historic resources. Applicable to federal or federally approved transportation projects, Section
4(f) prevents such projects where they would impact any historic site, public park, recreation area
or wildlife refuge unless no feasible alternative exists to the project and unless the project
minimizes harm to historic or natural resources. The "no feasible alternative" standard
established by Section 4(f) provides a standard that is substantive in nature (i.e. mandating
certain results), which distinguishes it from the procedural standards of NHPA and NEPA.


There are other federal programs relevant to historic preservation activities in Florida. The
National Park Service and other agencies, including the Department of Defense, are custodians of
large amounts of property in Florida. Among these properties are many significant historic
properties, including the Castillo de San Marcos in St. Augustine, Fort Jefferson in the Florida
Keys, the Kennedy Space Center on Cape Canaveral, and the numerous historic properties at the
Pensacola Naval Air Station.

There are other important federal grants programs. Under the National Historic Preservation Act
of 1966, funds appropriated to the Historic Preservation Fund are distributed to the states, with
ten percent of state funds reserved for Certified Local Governments.49 Additional grants
programs include the Save America's Treasures program and Preserve America. The Save
America's Treasures program began in 1998, and is a federal direct grant program to protect

46 See 40 C.F.R. 1502; 1503.
47 See Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 350 (1989) ("it is now
well settled that NEPA itself does not mandate particular results, but simply prescribes the necessary
48 49 U.S.C. 303.
49 See 16 U.S.C. 470. In 2004-05, Florida received some $717,696 from the Historic
Preservation Fund, out of a total $34.5 million distribution to the states. See National Park Service,
Historic Preservation Fund Grants Funding, available online at: http://www.cr.nps.gov/hpf/hpf-

Contributions of Historic Preservation to the Quality of Life in Florida


nationally significant historic structures and sites, as well as intellectual and cultural artifacts.50
These 50:50 matching grants range from $125,000 to $700,000 for historic property projects.51
Since 1999, thirteen Florida projects have been funded by Save America's Treasures, including
$353,000 for preservation at the Ringling estate of Ca d'Zan in Sarasota, $225,000 to preserve
the Richard Norman Silent Film Studios in Jacksonville, $795,000 for preservation work at the
Biltmore Hotel in Coral Gables and $450,000 to preserve the Singing Tower at the Bok
Sanctuary in Lake Wales.52

Another federal program, the Preserve America Initiative, was established by Executive Order in
2003.53 The Preserve America Initiative has several components: 1) an instruction to federal
agencies to coordinate with local entities in using federally owned historic properties to promote
preservation; 2) annual awards for exemplary activities in cultural and historic preservation; and
3) a grants program to support heritage tourism and innovative use of historic resources. The
Mission San Luis, near Tallahassee, was one of four Preserve America award winners in the
heritage tourism category announced in May 2006.54 Grants awards under Preserve America
amount to $5 million, for 50:50 matching grants ranging from $20,000 to $150,000. Preserve
America grants are not intended for rehabilitation, but may be used for surveying and planning,
education, marketing and training programs.55 For 2005-06, Congress appropriated $73,250,000
to the Historic Preservation Fund, of which $30 million are to be used for Save America's
Treasures and $5 million to fund Preserve America grants.56

Additional resources for historic preservation are available from the U.S. Department of
Transportation in the form of transportation and transit enhancements funding.57 Under the
50 For more on the Save America's Treasures program, see National Park Service, Save
America's Treasures, available online at: http://www.cr.nps.gov/hps/treasures/. Save America's
Treasures is jointly administered by the National Park Service, the National Endowment for the Arts, the
National Endowment for the Humanities, the Institute of Museum and Library Services and the
President's Committee on the Arts and the Humanities. Id.
51 See Save America's Treasures, Guidelines and Application Instructions.
52 Florida awards under Save America's Treasures since 1999 total $4,741,318. See
National Park Service, Save America's Treasures, Funded Projects, available online at:
53 See Exec. Order No. 13,287 (March 3, 2003), available online at:
54 See Preserve America, Heritage Tourism Category: Mission San Luis: Tallahassee,
Florida, available online at: http://www.preserveamerica.gov/06sanluis.html.
55 See Preserve America, FY 2006 Preserve America, Historic Preservation Fund Grants to
Preserve and Promote America's Heritage and Cultural Assets, Guidelines and Application Instructions,
available online at: http://www.cr.nps.gov/hps/hpg/preserveamerica/2006PAguidelines.doc.
56 See "Department of the Interior, Environment, and Related Agencies Appropriation Act
2006," Publ. L. No. 109-54, 119 Stat. 499, 507-08 (2005). The remainder went to other preservation
activities of the National Park Service and to the states.
57 Current authorization for federal transportation funding, including enhancement projects,
is provided by the "Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for

Contributions of Historic Preservation to the Quality of Life in Florida


Transportation Equity Act for the 21st Century (TEA-21) and its predecessor, the Intermodal
Surface Transportation Efficiency Act (ISTEA), some ten percent of federal surface
transportation program funds are set aside to fund so-called transportation enhancement projects.
As long as the projects are related to surface transportation, projects may include rehabilitation of
historic properties or the purchase of easements on historic properties, as well as historic
landscaping, archaeological research, and scenic or historic highway programs.58 In Florida,
some $1.7 million in ISTEA funding was used to help restore Tampa's Union Station.59 Similar
enhancement projects are available from the Federal Transit Administration for urbanized areas
having a population of over 200,000.60 For example, Tampa's historic street car connecting the
downtown to historic Ybor City received enhancement funding from the FTA under ISTEA.


a. Bridge of Lions, St. Augustine.

In many cases, more than one of these federal laws applies to a specific case. The historic Bridge
of Lions in St. Augustine was originally built across the Matanzas River in 1927 and added to the
National Register in 1982. By the 1990's the bridge had deteriorated due to salt water corrosion
of the drawbridge and the many millions of motor vehicles. The span of the bridge was also
insufficient to provide a channel wide enough for larger boat traffic. Although these deficiencies
would normally call for replacement with a modern bridge, the impact on historic resources was
significant. The review process considered the impacts of proposed alternatives on the historic
bridge itself and on St. Augustine's historic downtown, into which the Bridge of Lions
discharges traffic.61 Any plan to replace or restore the bridge involved consideration of issues
such as hurricane evacuation. After extensive consultation and review, the Florida Department
of Transportation decided to rehabilitate and restore the old bridge, a project that should be
complete in 2010.

Users" or "SAFETEA-LU," Publ. L. No. 109-59, 119 Stat. 1144 (2005).
58 For more generally on the transportation enhancement funding available under ISTEA
(2d ed. 2005). Information on enhancements projects in Florida, including applications for grant
funding, is available from the Florida Department of Transportation, at:
59 Information about the Union Station project is available online at:
60 Information about transit enhancements available under TEA-21 is available online from
the Federal Transit Administration at: http://www.fhwa.dot.gov/tea21/factsheets/transenh.htm.
(May 2003), available online at: http://www.partnershipborderstudy.com/bol old/index.html. Other
information about the Bridge of Lions Rehabilitation Project is made available online by FDOT at:

Contributions of Historic Preservation to the Quality of Life in Florida


b. Pensacola Naval Air Station Historic District -- Hurricane-Damaged Properties.

When Hurricane Ivan hit West Florida in 2004, the Pensacola area suffered significant damage.
Among the properties damaged were many National Historic Landmark and National Register
properties on the Pensacola Naval Air Station.62 The estimated $600 million in damage included
a 19"-century shipyard which served as the first permanent naval air station and pilot training
center. The Navy's first inclination was to demolish most of the damaged properties, a move
which would have destroyed the National Historic Landmark district.

After consultation with the Florida State Historic Preservation Officer, the Advisory Council for
Historic Preservation and others under the Section 106 process, the Navy agreed to make limited
changes to its planned demolitions. Under a Memorandum of Agreement between the Navy, the
State Historic Preservation Officer and the Advisory Council, the parties agreed to restore some
of the most important historic facilities.63 As a result of the Memorandum, thirty-three historic
structures are slated for demolition, while nine more significant structures will be saved.64 The
struggle to save the Pensacola Naval Air Station Historic District illustrates the very real
limitations of the Section 106 process, and highlights that its protections are indeed procedural
rather than substantive. The State Historic Preservation Officer and the Advisory Council had
very limited ability under Section 106 to alter the Navy's demolition plans. Notwithstanding the
limited success in preserving certain structures, the result will be unprecedented harm to a district
with deep ties to naval history.65

c. Tampa -- I-4 widening and its Impact on Ybor City.

In a classic example of the local harm caused by urban renewal, the construction of Interstate 4 in
Tampa in the 1960's cut through the heart of the historic Ybor City neighborhood, dividing the
historic district, as well as adjacent historic neighborhoods. Proposed widening of I-4 in the
1990's would have involved destruction of many remaining historic resources. After the Section
106 and Section 4(f) consultation processes, the Florida Department of Transportation undertook
steps to mitigate the harm caused by the road widening. FDOT provided for the relocation of
62 See "Florida: Demolition of Properties in the Pensacola Naval Air Station Historic
District," ACHP Case Digest (Winter 2005), available online at:
http://www.achp.gov/casearchive/caseswin05FL.html. Information about the Pensacola Naval Air
Station Historic District, a National Landmark District, is available online at:
http://tps.cr.nps.gov/nhl/detail.cfm?ResourceId 1605&ResourceType-District.
63 Memorandum ofAgreement among the U.S. Navy, the Fla. State Hist. Preservation
Officer, and the Advisory Council on Hist. Preservation regarding Repair, Rehabilitation, and
Demolition ofHist. Resources at the Naval Facilities in the Pensacola, Fla., Region Resulting from the
Effects of Hurricane Ivan (March 11, 2005) (copy on file with the author).
64 See Memorandum ofAgreement, supra note 63, at Attachments 3 & 4 (listing structures
to be demolished).
65 See Margaret Fostor, Navy to Demolish 33 Historic Structures at Pensacola Naval Air
Station, PRESERVATION ONLINE, Oct. 4, 2005, available online at:
http://www.nationaltrust.org/magazine/archives/arc news 2005/100405.htm.

Contributions of Historic Preservation to the Quality of Life in Florida


historic structures, many of them small "casitas" that housed workers in the former Ybor City
cigar factories, threatened by the widening and the rehabilitation of many of these buildings, as
well as aesthetic features and noise-reduction walls to further minimize impacts. Some 35
historic buildings have been relocated and placed within vacant lots in the Ybor City Historic

NHPA, NEPA and Section 4(f) of the Department of Transportation Act are vital safeguards
because federal funding or permitting is a key component of many major transportation or
construction projects. These federal historic resource protection laws are significant in requiring
federal projects to mitigate any harm they would cause to historic resources, much as they seek to
minimize harm to the natural environment. Nevertheless, many threats to historic resources do
not involve federal projects, and for these, local and state protection is required.

B. The State Role in Historic Preservation.

The Florida Department of State, Division of Historical Resources is primarily responsible for
state policy and programs.67 The Division is responsible for Florida's preservation policy and for
the cooperation and assistance provided to local governments. The Bureau of Historical
Resources also works with the National Park Service to run the Certified Local Government
(CLG) Program in Florida. The CLG Program was established under the National Historic
Preservation Act, and is administered jointly by the National Park Service and state preservation
offices. Under the NHPA, local governments that have established historic preservation
programs meeting certain federal and state requirements may participate in the CLG program.
Benefits of CLG participation include eligibility for special grants, technical assistance and
training, and participation in the National Register nomination process for local properties.
Every certified local government may apply to the Florida Historical Commission for grants from
Florida's annual apportionment from the federal Historic Preservation Fund. Federal law
requires that at least ten percent of the amount transferred annually to the State of Florida under
the NHPA be distributed to certified local governments.68

Finally, the Division of Historical Resources also administers the Florida Main Street Program in
cooperation with the National Trust for Historic Preservation.69

66 For more information about the I-4 project and the mitigation to protect Ybor City, see,
e.g., Christina Slattery & Steve Jacobitz, Taking the High Road, PUBLIC ROADS (Sept./Oct. 2004),
available online at: http://www.tfhrc.gov/pubrds/04sep/01.htm.
67 FLA. STAT. 267.031.
68 16 U.S.C. 470c.; FLA. STAT. 267.0612, 267.0617 (2004); see also 1A FLA. ADMIN.
CODE r. 1A-35.005 (sources of grant funds for historic preservation grants-in-aid).
69 FLA. STAT. 267.031(5)(g).

Contributions of Historic Preservation to the Quality of Life in Florida



Florida's historic preservation grants program represents the nation's largest, sustained state
grants program. Two categories of activities are funded by grants-in-aid from the Historic
Preservation Trust Fund: 1) Acquisition and Development Activities; and 2) Survey and Planning
Activities. The former category includes most matching grants, and also includes such activities
as restoration, rehabilitation, salvaging of archeological sites, and the preparation of drawings or
photographs of threatened historic sites. The Survey and Planning Category of grants-in-aid
includes community education and community relations projects which promote historic and
archaeological preservation. In addition, so-called Special Category grants are non-matching
grants for projects of exceptional importance.

The Florida Historical Commission awards grants-in-aid of both categories after a review of
applications by the Division of Historical Resources and grant review panels.70 The Historical
Commission develops priority lists of proposed grant projects under each category, subject to
approval by the Division and appropriation by the Legislature.1 In 2006, the Florida Legislature
appropriated over $16 million to historic grants programs.72 Florida has had one of the most
important and largest grant programs, awarding more than $81 million for 781 projects since
2001.73 Between 1983, when the grants program began, and 2006, nearly $258.5 million in grant
funds has been matched by $421 million in matching funds for over 3200 projects in all Florida

Although the grants-in-aid program remains significant, the Division of Historical Resources has
received reduced funding for grants from the Florida Legislature in the years since 2001. In the
five-year period from 1997-2001, grants awards totaled nearly $83 million, while in the years
2002-06, grant awards totaled $61.4 million.75 Appropriations from the Florida Legislature

70 The process for grants review is established by 1A FLA. ADMIN. CODE r. 1A-35.007.
71 Id.
72 See 2006 Fla. Laws, ch. 2006-25, 6 (appropriations 3182 and 3186A totalling
$16,171,455). In addition, some $1,750,000 was appropriated for historic museum grants. Id.
(appropriation 3180). The amount appropriated for 2006 represents a significant increase from 2005,
when some $14,889,870 was appropriated for historic grants (an additional $872,000 in designated
historic grants were vetoed). See 2005 Fla. Laws, ch. 2005-70, 6 (appropriations 2945 & 2949A).
73 These public funds were matched by an additional $112.5 million in local and private
funds for grants from 2001-06. Information provided by the Bureau of Historic Preservation, Division of
Historical Resources, Fla. Dept. of State. Information about current grants, including funding amounts
for current projects, is provided by the Bureau online at: http://www.flheritage.com/grants/info/awards/.
74 Id.
75 Id. Amounts appropriated by the Florida Legislature for historic preservation grants-in-
aid also decreased in the period 2002-06, compared with 1997-2001, as can be seen from the following

Contributions of Historic Preservation to the Quality of Life in Florida


demonstrate this relative decrease in amounts available for historic preservation grants. The
average appropriation in the years 1997-2001 was approximately $18 million annually, while in
the years since 2002, the appropriations for historic grants-in-aid have averaged some $12.7
million. Several factors explain this decrease. First, economic slowdown beginning in 2002
reduced the appropriations to the Department of State significantly. Furthermore, under a
constitutional revision to the Cabinet adopted in 1998, but only implemented in 2003, the
Secretary of State, under whom the Division of Historical Resources is placed, ceased to be an
independently elected position and became instead a gubernatorial appointee.76 The new
appointed Secretary of State lost the advantage of an independent mandate from voters and was
also subject to budgetary supervision from the Executive Office of the Governor. It is a

Year Amount appropriated for HP

1997 $14,861,100

1998 $16,800,325

1999 $18,688,144

2000 $19,845,156

2001 $19,802,228

2002 $16,585,870

2003 $3,760,997

2004 $12,010,743

2005 $14,889,870

2006 $16,171,455

See 1997 Fla. Laws, ch. 97-152, 6, appropriations 2070 & 2072A; 1998 Fla. Laws, ch. 98-422, 6,
appropriations 2145 & 2148; 1999 Fla. Laws, ch. 99-226, 6, appropriations 2054, 2054A & 2056A;
2000 Fla. Laws, ch. 2000-166, 6, appropriations 2617 & 2618A; 2001 Fla. Laws, ch. 2001-253, 6,
appropriations 2912 & 2912A; 2002 Fla. Laws, ch. 2002-394, 6, appropriations 3106H & 3106M; 2003
Fla. Laws, ch. 2003-397, 6, appropriations 2894 & 2897A; 2004 Fla. Laws, ch. 2004-268, 6,
appropriations 2871V & 2871Z; 2005 Fla. Laws, ch. 2005-70, 6, appropriations 2945 & 2949A; 2006
Fla. Laws, ch. 2006-25, 6, appropriations 3182 & 3186A.
76 Revision 8, proposed by the Constitution Revision Commission and adopted by the
Florida voters in 1998, amended Article IV, Section 4, Florida Constitution, to reduce the number of
independently elected Cabinet positions. For more on the 1998 Cabinet reforms, see generally Deborah
K. Keamey, The Florida Cabinet in the Age ofAquarius, 52 FLA. L. REV. 425 (2000); W. Dexter
Douglass, Restructuring the Cabinet System, FLA. B.J., Oct. 1998, at 44. The 1998 revision took effect
on January 7, 2003. See FLA. CONST. art. XII, 24(a). The reason for the delay in implementation
included a desire to officials serving in 1998 to serve the period allowed them by term limits. See
Keamey, supra note 76, at 449.

Contributions of Historic Preservation to the Quality of Life in Florida


testimony to the Legislature's recognition of the worth of historic preservation programs that, in
the years since 2003, it has successively raised the funding of the Division's grants-in-aid
programs, returning the program back nearly to its pre-Cabinet reform levels.

FL Historic Preservation Grants 1997-2006

$70,000,000.00 250
$60,000,000.00 200
|- 200
$50,000,000.00 -
S$40,000,000.0 -
$30,000,000.00 -100 E
$20,000000 00.00 z
$10,000,00.0 0
$0.00 r, ,, ,, ,, 0

[ Grant Funds
SMatch Funds
No. of Projects



The Main Street Program was established by the National Trust for Historic Preservation in 1980
to help revitalize historic downtown, especially in smaller communities. Since its founding,
more than 2000 communities in forty-one states have benefitted from the small grants and
technical assistance provided by the Main Street Program which focuses on four key elements of
revitalization: 1) Design; 2) Organization and consensus building; 3) Promotion and marketing of
the Main Street; and 4) Economic Restructuring.

Florida has had an active Main Street Program since 1985, working in 75 Florida communities.
During that period, Florida Main Street has generated approximately $1.37 billion in public and
private investment in both rehabilitation and new construction, witnessing the start of over 3,600
new businesses and over 11,000 new jobs.7

77 See "Florida Main Street Communities Quarterly Report Data Base," information
supplied by Angela Tomlinson, Florida Main Street Program Assistant, Florida Department of State
(June 19, 2006). Further information about Florida Main Street is available online at:
http://www.flheritage.com/preservation/architecture/mainstreet/, and information about the National
Trust Main Street Center is available at: http://www.mainstreet.org/.

Contributions of Historic Preservation to the Quality of Life in Florida



State programs, such as the Waterfronts Florida program, managed by the Florida Department of
Community Affairs, or the Coastal Partnerships Initiative of the Florida Coastal Management
Program, administered by the Florida Department of Environmental Protection, also play a role
in promoting historic and cultural preservation. Though they are not overtly focused on historic
resources, the Waterfronts Florida Program has begun to build capacity in smaller communities,
providing small matching grants together with technical assistance in planning."7 The program
provides for two-year grants to partner communities with additional technical assistance and
training to help communities maintain traditional working waterfronts. The preservation of
environmental and cultural resources is a key concern of the program, as is the maintenance of
traditional economic water-dependent uses. These programs are similar in nature to the Main
Street Program, with the difference that the Waterfronts programs focus on harbors and
waterfronts of smaller communities rather than downtown for revitalization.'7

III. Local Historic Preservation Programs -- What Can Be Done?

A. Basis ofLocal Government Authority in Florida.

The police power allows a state to legislate on any matter affecting public health, safety, morals,
or welfare so long as the state does not impinge upon rights protected by the federal constitution
or usurp a function exclusively federal in nature. States have delegated power to local
governments, both counties and cities. The Florida Constitution gives cities broad home rule
powers. Cities in Florida may act in any area where they are not forbidden to act by state law.80

78 See generally FLORIDA ASSESSMENT OF COASTAL TRENDS 2000 (Fla. Coastal Mgmt.
Coastal Mgmt. Pgm, 1995); David Jackson, Restoring Life to Traditional Waterfronts: A Panhandle
Community Finds Success, 8 COASTAL CURRENTS 1 (2000) (discussing the work of Waterfronts Florida
Program in Panama City). Waterfronts Florida has worked in nine smaller Florida cities since 1997.
79 The Waterfronts Florida Program was regularized by passage of Chapter 2005-157, Fla.
Laws, in July 2005 (authorizing the Department of Community Affairs to assist waterfront communities
engaged in revitalization activities and allowing these communities additional land use planning authority
to preserve commercial and recreational working waterfronts). More information about the Waterfronts
Florida Program is available online at: http://www.dca.state.fl.us/fdcp/dcp/waterfronts/index.cfm.
80 Florida counties are either charter or non-charter counties. Charter counties "have all
powers of local self-government not inconsistent with general law, or with special law approved by vote
of the electors. The governing body of a county operating under a charter may enact county ordinances
not inconsistent with general law." FLA. CONST. art. VIII, l(g). Non-charter counties have "such power
of self-government as is provided by general or special law." FLA. CONST. art. VIII, l(f). The
distinction between charter and non-charter counties is for the most part an academic one, for Florida law
clearly gives cities and both charter and non-charter counties the power to adopt regulations designating
districts and structures as historic and protecting them accordingly. One further distinction between
charter and non-charter counties is the status of county ordinances within incorporated municipalities

Contributions of Historic Preservation to the Quality of Life in Florida


Zoning and other land use regulations by local government are a function of the police power.
The "police power," in its broadest sense, includes all legislation and almost every function of
civil government.81 Under the police power, the government may restrict the use of property in
the interests of public health, morals, safety and public welfare.82 Courts have found that zoning
regulations are a valid use of the police power if they have some "substantial relationship" to the
promotion of public health, safety, morals, or the general welfare of the community.83 Historic
preservation has been explicitly recognized by the United States Supreme Court,84 and many state
courts as a valid use of the police power.85

B. Historic Preservation and the Comprehensive Planning Process.

Section 163.3177 of the Florida Statutes lists required and optional elements of comprehensive
plans. Historic resources must be addressed in the Future Land Use and Housing Elements,
which are mandatory in all comprehensive plans, and the Coastal Management Element, required
for coastal cities and counties. Historic preservation is also included as an additional optional
element in its own right.86 This element, if included, should set out "plans and programs for those
structures or lands in the area having historical, archaeological, scenic, or similar significance."
Although this is an optional element in a local comprehensive plan, if it is included, it must be
based on appropriate data, such as a survey or study of historical resources in the community.8

inside the county. In a non-charter county, a conflicting municipal ordinance will prevail over a county
ordinance within the municipality. FLA. CONST. art. VIII, 1(f). However, the county charter may specify
that the ordinances of the county prevail in the event of a conflict with a municipal ordinance. FLA.
CONST. art. VIII, l(g); see Broward County v. City ofFt. Lauderdale, 480 So. 2d 631, 633-34 (Fla.
81 Hunter v. Green, 194 So. 379, 380 (Fla. 1940).
82 Miami Beach v. Ocean & Inland, 3 So. 2d 364, 366 (Fla. 1941); Ehinger v. State ex rel.
Gottesman, 2 So. 2d 357, 359 (Fla. 1941) (any regulation under the police power must be done in a
constitutional manner).
83 See, e.g., Euclid v. Ambler Realty, 272 U.S. 365, 395 (1926); Gulf& Eastern Dev. v. Ft.
Lauderdale, 354 So. 2d 57, 59 (Fla. 1978); State ex rel. Landis v. Valz, 157 So. 651 (Fla. 1934)
(comprehensive zoning falls within the constitutional scope of the police power); Davis v. Sails, 318
So. 2d 214, 218 (Fla. 1st DCA 1975) ("It is well settled that a zoning ordinance to be valid must bear a
substantial relation to the public health, safety, morals or general welfare") (quoting Miami Beach v.
8701 Collins Ave., 77 So. 2d 428, 430 (Fla. 1953)); South Miami v. Hillbauer, 312 So. 2d 241, 242 (Fla.
3d DCA 1975).
84 Penn Central Transp. v. New York City, 438 U.S. 104, 107-08 (1978); cf Berman v.
Parker, 348 U.S. at 26.
85 See, e.g., Metropolitan Dade Count\ v. P. J. Birds, Inc., 654 So. 2d 170, 176 (Fla. 3d
DCA 1995); Bohannon v. San Diego, 106 Cal. Rptr. 333 (Ct. App. 1973); Opinion of the Justices to the
Senate, 128 N.E.2d 557 (Mass. 1955).
86 FLA. STAT. 163.3177(7)(i).
87 FLA. STAT. 163.3177(8).

Contributions of Historic Preservation to the Quality of Life in Florida


Thus, within Florida's Comprehensive Planning structure, every local government is required by
law to address historic preservation in the comprehensive planning process even if it does not
choose to have a separate historic preservation element. The community's policies and objectives
with regard to historic resources are further required to be based upon a survey of those
resources. This survey, if expanded to address all aspects of historic resources, is the proper basis
for a historic preservation ordinance.

The statutory law requires that historic resources be addressed in the comprehensive planning
stage by local governments. Recent case law has shown that courts also view with favor the top-
down planning structure imposed by comprehensive plans. A reviewing court will accord great
weight to the factor that a particular ordinance or administrative action taken pursuant to an
ordinance is consistent with a comprehensive plan.88 A comprehensive plan provides legitimacy
and further standards for an administrative body, such as a preservation commission.

In these circumstances, it is anomalous for historic preservation law in Florida to remain outside
the comprehensive planning structure already favored by the courts and the legislature. This is
especially so given the tendency of Florida courts to view all forms of land regulation similarly in
terms of procedural requirements. A historic preservation element within the local
comprehensive plan will not save an otherwise unjustifiable action, but where local governments
can show that decisions are consistent within the framework of a properly adopted
comprehensive plan, these decisions are less likely to be struck down by a reviewing court.

C. Local Historic Preservation Ordinances.

Because federal historic preservation laws apply only to federal and federally-funded projects, the
key to the preservation of most historic resources lies in local historic preservation ordinances.
Though significant variations exist within historic preservation ordinances, there are some
features common to all. Commentator Richard J. Roddewig identifies ten basic components
contained in most ordinances: (1) A statement of purpose for the ordinance; (2) A statement of
powers and authorities; (3) Creation of a historic preservation commission; (4) Criteria for
designation of landmarks and/or historic districts; (5) Procedures and criteria for nomination and
designation of landmarks; (6) Types of actions that are reviewable by the preservation
commission and the legal effect of the review; (7) Criteria applied by the commission to the
action reviewed; (8) Consideration of the economic effect of designation or review of an action;
(9) Procedures for appeals from a preservation commission decision; and (10) Fines and penalties
for violation of ordinance provisions.89 There are reasons for these similarities. General

88 See, e.g., Board of Cty. Comm'rs v. Snyder, 627 So. 2d 469, 476 (Fla. 1993); Machado
v. Musgrove, 519 So. 2d 629, 633 (3d DCA 1987), rev. denied, 529 So. 2d 693 (Fla. 1988).
89 See Richard J. Roddewig, Preparing a Historic Preservation Ordinance 7 (American
Planning Ass'n Planning Advisory Serv. Rep. No. 374, 1983); CONSTANCE EPTON BEAUMONT, A

Contributions of Historic Preservation to the Quality of Life in Florida


requirements for certification of local historic preservation programs are contained in 36 C.F.R.
61.5(c). More explicit criteria are found in Section B of Florida Certified Local Government
Guidelines, promulgated by the Bureau of Historic Preservation.90

These guidelines also include some requirements applicable to the historic preservation
commissions established by local ordinances. An appointed commission should contain at least
five members with skills in architecture, history, architectural history, planning, archaeology,
urban planning or other historic preservation-related fields.91 The commissions are responsible
for reviewing proposed alterations or demolitions, as well as nominations to the National
Register within a set time frame. The commissions should be provided with sufficient staff to
enable them to carry out their work, and should survey local resources.

D. Administrative Review Boards.

Article II, Section 3, Florida Constitution, provides for the division of state government into
legislative, executive and judicial branches, and further provides that, "No person belonging to
one branch shall exercise any powers appertaining to either of the other branches unless
expressly provided herein." Accordingly, courts are vigilant to guard against unlawful delegation
of powers by one branch of government to another branch, and likewise against any
encroachment by one branch on the powers rightfully exercised by another branch. With historic
preservation, as with many local land use regulations, separation of powers issues usually involve
possible unlawful delegation of powers by the legislative body or usurpation of powers deemed
judicial in nature. As a result, local governments must carefully define the authority given to
administrative boards, such as historic preservation boards.

E. Designation of Historic Districts and Individual Landmarks.


Historic preservation should reflect community priorities in order to be effective. A better
understanding of historic resources can be achieved through the sort of survey required for the
historic preservation element of a comprehensive plan, and for the future land use, housing and
coastal management elements of the comprehensive plan, all of which require local government
90 Further information about Florida's CLG program is available online at:
http://www.flheritage.com/preservation/compliance/local/index.cfm. The requirements for certified local
government preservation ordinances are an additional legal protection for the ordinances by providing
both specific criteria and the necessary procedural safeguards. See George B. Abney, Florida's Local
Historic Preservation Ordinances: Maintaining Flexibility While Avoiding Vagueness Claims, 25 FLA.
ST. U. L. REV. 1017, 1032-38 (1998).
91 See Florida Certified Local Government Guidelines Pt. B.2.c. (Jan. 2002) (available
from the Florida Dept. of State, Div. of Historical Resources, Bureau of Historic Preservation).

Contributions of Historic Preservation to the Quality of Life in Florida


to address historic resources. The survey forms a basis for the designation of individual
buildings or particular districts as historic, and it is a useful tool to support designation should
this be challenged in court.92 The survey of historic resources is also required for participation in
the Certified Local Government Program.93


Many ordinances rely on the criteria promulgated by the National Park Service for inclusion in
the National Register as the basis for historic delegation in their ordinances. These criteria
are substantially the same as those included in Dade County's historic preservation ordinance,
recently upheld by the Florida Third District Court of Appeals in P.J. Birds.94 This positive
review by a Florida court makes a local adaptation of the National Register criteria, like that used
in Dade County, very attractive.

As an interim measure, a historic preservation ordinance should also provide protection for
properties pending designation as landmarks or within a likely historic district. This will prevent
an owner from preempting the local protection by seeking a demolition permit. The interim
prohibition should set a time period for review during which demolition permits will not be


Historic districts may be formed either as a traditional zoning district or as a special overlay
district. If formed as a zoning district, this district would also regulates the land uses permitted
within the historic district, as well as controlling alteration or demolition of structures. An
overlay district, by contrast, sits over an existing zoning district. Thus, where land is otherwise
zoned residential or commercial, it retains its permitted usage with the additional criteria
imposed for the alteration or demolition of structures within the district.

Either of these two forms of historic preservation are acceptable in Florida. Note, however, that
where a special zoning district is established, which also controls land usage, the designation of
land usage is held to be a legislative function that cannot be delegated to an administrative body,
but must be reserved to the local governing body.96 For this reason, the overlay district, which
92 See, e.g., Bohannon, 106 Cal. Rptr. at 335-36; A-S-P Assoc. v. Raleigh, 258 S.E.2d 444,
458 (N.C. 1979); Maher v. New Orleans, 516 F.2d 1051, 1063 (5th Cir. 1975), cert. denied, 426 U.S. 905
94 654 So. 2d at 170.
95 See Dallas v. Crownrich, 506 S.W.2d 654 (Tex. Civ. App. 1974) (upholding authority of
city to impose a moratorium on building permits pending the designation of a historic district).
96 See Josephson v. Autrey, 96 So. 2d 784, 787-88 (Fla. 1957). A prominent example of
designation within the zoning code is found in Delray Beach. See CITY OF DELRAY BEACH LAND DEV.

Contributions of Historic Preservation to the Quality of Life in Florida


permits designation and administration by a preservation board, may be preferable.


In addition to historic districts, courts have upheld the designation of individual structures as
historic landmarks.97 Historic preservation ordinances commonly provide for the protection of
both historic districts and single structures which may be deemed historically significant.

The risk, in designating a single structure as a landmark, is the appearance of "spot zoning." Spot
zoning involves the arbitrary zoning or rezoning of a single parcel of land in a way that is
inconsistent with the comprehensive land use plan and in a way that either uniquely burdens or
unfairly benefits the individual landowner whose parcel is rezoned. If, however, the local
government can show that the rezoning action with regard to the individual property is in accord
with the comprehensive plan and otherwise in the public interest, the rezoning action, including
landmark designation, is not an improper spot zoning.98 Thus, especially in the case of individual
landmarks, both a historic preservation element in the comprehensive plan and a thorough survey
of local historic resources are important to protect the government action.


Demolition by neglect may occur when a landowner deliberately neglects a protected structure in
the hope of obtaining a permit for demolition when the structure finally reaches a state where it
jeopardizes public safety. A well-drafted historic preservation ordinance should prohibit owners
from allowing protected structures to so deteriorate as to endanger the building or even
detrimentally affect the surrounding historic district. Courts have upheld reasonable requirements
for landowners to maintain their property.99 The ordinance should empower the preservation
board, in the event of a listed property's being dangerously neglected, to order necessary repairs
and charge these to the landowner or charge them as a lien upon the property.

F. Permit Reviews.


Any historic preservation ordinance should establish a permitting process for alteration or

REGS. 4.5.1(L).
97 See, e.g., Penn Central, 438 U.S. 104 (1978); St. Bartholomew's Church v. New York
City, 914 F.2d 348 (2d Cir. 1990), cert. denied, 499 U.S. (1991).
98 Penn Central, 438 U.S. at 132; see also Miles v. Dade Cuntn\, 260 So. 2d 553 (Fla. 3d
DCA 1972).
99 See, e.g., Maher, 516 F.2d at 1066-67.

Contributions of Historic Preservation to the Quality of Life in Florida


modification of listed properties. This permitting should be coordinated with other local
authorities so that other permits are only given when the preservation board has issued a
"certificate of appropriateness," signifying its approval of the requested action. A similar
procedure should require the preservation board to review requests to demolish listed properties
and contributing structures within historic districts. The preservation board should ideally have
the power to prevent, not merely delay, demolition of listed properties.


Local governments can and should help avoid constitutional takings challenges to the application
of their historic preservation ordinances through economic hardship and variance provisions.100
These provisions authorize officials to examine whether the application of the ordinance will
allow the owners of property some "reasonable return" on their investment.


As with any land use law, a historic preservation ordinance must be enforced if it is to effectively
protect local historic resources. Courts have upheld penalties properly imposed for violating
historic preservation ordinances, including fines, requirements to restore landmarks altered
without permission, and denial of permits to build or rebuild.101

Affirmative maintenance requirements, together with the controls on alterations and demolitions,
are vital to the functioning of a historic district. Such controls do not exist as a result of National
Register designation. Only local historic preservation ordinances impose these requirements on
private landowners, and their existence is an important reason that historic preservation helps to
maintain local property values.

IV. Incentives and Alternative Tools to Promote Historic Preservation.

Landowners in historic districts should be informed that the listing of historic buildings, along
with the requirements of maintenance for neighboring buildings, often works to raise the value of
land in the district. Accompanying sweeteners, in the form of local ad valorem tax incentives
and, where practical, transferrable development rights or small grant programs, will give property
owners reasons to accept historic preservation. The possibility of federal tax credits for
rehabilitation of income-producing property is another incentive, one which one day may be also

100 See Nance v. Indiatlantic, 419 So. 2d 1041 (Fla. 1982) (prerequisite for granting a zoning
variance is the presence of an exceptional and unique hardship to the individual landowner).
101 See, e.g., Parker v. Beacon Hill Architectural Comm'n, 27 Mass. App. Ct. 211, 536
N.E.2d 1108 (1989) (upholding a requirement that an owner remove a partially completed fifth story
addition constructed in violation of Boston's preservation ordinance).

Contributions of Historic Preservation to the Quality of Life in Florida


available to homeowners. These benefits conferred by historic designation may be important
should the ordinance or its application be challenged either as a confiscatory taking, or under the
Florida Property Rights Protection Act. Just as importantly, these incentives build consensus and
encourage property owners to rehabilitate older structures thus preserving them for future use.

A. Tax Relief


A further federal contribution to historic preservation is tax relief for the rehabilitation of historic
properties, and for the establishment of conservation easements. Although 1986 tax code
revisions considerably lessened the tax benefits, federal tax benefits remain a vital factor in
encouraging property owners to preserve and renovate rather than to destroy and rebuild. The
two main federal tax contributions to historic preservation are rehabilitation tax credits and a tax
deduction for the establishment of conservation easements.

There are two types of federal rehabilitation tax credits: 1) a 20% credit for qualified
expenditures on rehabilitating certified historic structures; or 2) a 10% credit for qualified
expenditures on rehabilitating non-historic structures placed in service prior to 1936.102 For both
of these tax credits, only income-producing property qualifies for the credit (thus making most
residential property ineligible). Although the 1986 tax code revisions substantially lessened the
federal tax benefits for rehabilitation, both rehabilitation tax credits continue to be significant
incentives and rewards for rehabilitation of mainly non-residential properties. Likewise, the
federal tax code allows a federal income, gift or estate tax deduction for "qualified conservation
contributions" toward the establishment of conservation easements. The conservation easement
deduction is another factor in encouraging property owners to preserve and renovate rather than
destroy and rebuild.

To receive the 20% tax credit, rehabilitations require approval by the State Historic Preservation
Office and the National Park Service as complying with the Secretary of the Interior's Standards
for Rehabilitation. Since 1986, nearly 450 Florida tax credit projects representing over $556
million in total construction investment have been approved by the National Park Service.103
Many Florida communities have benefitted from these tax credit projects.

102 For more generally on the federal rehabilitation tax credit, see STEPHEN L. KASS ET AL.,
HISTORIC BUILDINGS 17 (2004). The significance of a "tax credit" is that it is a dollar-for-dollar
reduction in one's taxes, as opposed to a tax deduction, which merely reduces taxable income. See J.
(2d ed. 2005).
103 Information supplied by Compliance Review Section, Fla. Dept. of State, Bureau of
Historic Preservation (June 2006).

Contributions of Historic Preservation to the Quality of Life in Florida


For example, Jacksonville has received approximately $72.5 million in investment since 1986 to
rehabilitate structures in its historic downtown, as well as in the Springfield and Riverside-
Avondale historic districts. These important rehabilitations include nearly $20 million since
2003 to rehabilitate the old Lynch Building, originally built in 1926 as one of the first
skyscrapers in Jacksonville. Added to the National Register in 2003, the building is being
rehabilitated as apartments. A further $26 million has been invested in restoring the old Carling
Hotel, originally constructed in 1926 and on the National Register since 1991. The Carling will
likewise be used as apartments.104

St. Augustine.
America's oldest city has received over $15 million in tax credit-related investment since 1986.
Among the important projects is the restoration of the old Cordova Hotel, one of the three
Flagler-era hotels in the city. Dating from 1888, the Cordova closed in 1932, and was used for
many years as the St. Johns County Courthouse. It was rehabilitated in 1997-99 and now serves
again as the Casa Monica Hotel. The hotel rehabilitation represents the single largest tax credit
project in St. Augustine, with project costs of nearly $11 million.105

104 Information supplied by Compliance Review Section, Fla. Dept. of State, Bureau of Hist.
Preservation (June 2006). For information about these historic structures rehabilitated using federal
105 Information supplied by Compliance Review Section, Fla. Dept. of State, Bureau of
Historic Preservation (June 2006).

Contributions of Historic Preservation to the Quality of Life in Florida

Federal Rehabilitation Tax Credit Investment in Florida
m Tax Credit
$120,000,000 40 In strnent
-- -No.of
$100,000.000 35 Projet
$80,000,000 -
E $60,000.000 20 c.




Miami Beach.
With over $212 million in tax credit investment since 1986, no city in Florida has benefitted as
much as Miami Beach.106 Tax credit projects, together with successful local historic districts,
represent the foundation of the redevelopment and renewal of this city, especially the famous Art
Deco district.'07 Miami Beach redevelopment was fostered by the Miami Beach Community
Development Corporation and the Miami Design Preservation League, a non-profit organization
devoted to historic preservation.1"8 The Miami Beach Community Development Corporation
played an important role in attracting private developers to invest in and to restore the city's
many art deco hotels.109


An amendment to the Florida Constitution, approved by Florida voters in November 1992,
allowed counties or municipalities to enact ordinances allowing ad valorem tax exemptions "to
owners of historic properties."10' A requirement that the owners be actively engaged in
renovation in order to receive the tax exemption was removed by an amendment to Article VII,
Section 3(e), adopted by the voters in November 1998, and effective January 1, 1999.
Legislation enacted since 1992 provides for local governments to adopt these tax exemptions.11

There are three types of local tax exemptions for historic preservation. Section 196.1961, Florida
Statutes, authorizes local governments to enact an ordinance providing exemptions from property
taxes for up to 50% of the assessed value of property that is: 1) used for commercial purposes or
by a non-profit organization; 2) listed in the National Register, designated as a local landmark or
part of a National Register or local historic district; and 3) regularly open to the public.

Section 196.1997, Florida Statutes, is the main law governing these tax exemptions. The statute
is not self-executing, but requires counties or municipalities to enact a specific ordinance
106 Id.
107 For more about Miami Beach's historic preservation success and its origins, see, e.g., M.
BARRON STOFIK, SAVING SOUTH BEACH (2005); Joseph Z. Fleming, State and Local Preservation
Policy: The Miami Beach Art Deco District: A Case Study ofPreservation and its Discontents, 1 ALI-
successful historic preservation program is founded on some tragic losses of historic structures such as
the New Yorker and Senator Hotels, which played much the same role as the loss of New York's
Pennsylvania Station in galvanizing local preservation efforts and stimulating government to protect
remaining historic resources.
108 These organizations helped to establish the Miami Beach's National Register District in
the face of opposition from the city, and then to encourage the city to create and enforce its own historic
preservation ordinance. See Michelle S. Viegas, Community Development and the S. 'lu Beach Success
Story, 12 GEO. J. ON POVERTY LAW & POL'Y 389, 394 (2005).
109 See id. at 398-99.
110 FLA. CONST. art. VII, 3(e).
"1 See, e.g., FLA. STAT. 196.1961, 196.1997 & 196.1998.

Contributions of Historic Preservation to the Quality of Life in Florida


allowing the tax exemption.112 Exemptions apply to improvements to the property resulting from
"restoration, renovation, or rehabilitation" of the property.113 These "improvements" must be
carried out in accordance with the Secretary of the Interior's Standardsfor Rehabilitation of
Historic Properties, and be so certified by the local preservation board.114 The exemption may
apply only to improvements made on or after the day on which the tax exemption ordinance is

The ordinance must state the type and location of properties which qualify for the exemption.116
Property which may qualify includes National Register property, contributing property within a
National Register district, or property designated historic or contributing under a local
preservation ordinance."1 The ordinance may limit the application of the exemption only to
particular locations within the county or municipality."18

The exemption applies only to those ad valorem taxes imposed by the governmental unit which
actually enacts the ordinance.119 Thus, where the county, but not the city, enacts such an
exemption, a property owner would receive the exemption with regard to county taxes, but not
property taxes levied by the city or school board. The exemption lasts for up to ten years, and the
property must retain its historic character and the improvements for this ten-year period.120

The local preservation board (or the State Division of Historic Resources depending on the terms
of the ordinance) must review applications for the exemptions and recommend granting or
denying the application, and must provide reasons for the recommendation.121 The preservation
board reports to the local government, which must enact the specific exemption in the form of a
resolution or ordinance by majority vote.122 Applicants for the exemption must covenant with the
local government for the term of the exemption to maintain the historic character of the property
and the qualifying improvements.123 An owner who subsequently violates this covenant will be

112 Id. 196.1997(1).
113 Id. 196.1997(2).
114 Id. 196.1997(12).
115 Id.
116 Id. 196.1997(3).
117 Id.; see FLA. STAT. 196.1997(11) (the local preservation board or the state Div. of Hist.
Resources must certify that the property satisfies these requirements).
18 Id. 196.1997(3).
119 Id. 196.1997(4).
120 Id. 196.1997(5). Communities have discretion to provide for a lesser period, though
this diminishes the worth of the exemption. St. Augustine, for example, allows only a five-year period
for the historic tax exemption adopted under this statute. See CITY OF ST. AUGUSTINE CODE ch. 2, art.
VII, 2-385. St. Johns Cntint\, likewise, allows for only a five-year exemption. See St. Johns CLtinl\,
Fla., Ordinance 1997-61 (Oct. 21, 1997).
121 FLA. STAT. 196.1997(6).
122 Id.; see FLA. STAT. 196.1997(10).
123 Id. 196.1997(7).

Contributions of Historic Preservation to the Quality of Life in Florida


liable for the amount of the exemption for each of the previous years in which it was in effect
plus interest.124

Applications for an exemption must be filed with the local government in the year for which it is
desired.125 The application has two parts, a Preconstruction Application,126 and a Request for
Review of Completed Work.127 The purpose of the Request for Completed Work is to allow the
local historic preservation board to ensure that the improvements comply with the requirements
of the act.128 Only after completing the post-construction review will the preservation board
recommend for or against the exemption to the local government.129

Upon receipt of an application for a tax exemption, the local government must submit a copy of
the application to the local property appraiser.130 For each year in which the exemption is in
effect, the property appraiser is required to report to the local government on the total taxable
value of the property for that fiscal year, and the value of the historic preservation tax exemption
for that fiscal year on the property.131

If the local government votes to approve an ad valorem tax exemption, it takes effect on January
1 of the following year.132 The resolution approving the tax exemption must include the name
of the owner, the location of the property, the duration and expiration date of the exemption, and
a finding that the property qualifies for the exemption under the statute.133

Section 196.1998, Florida Statutes, provides additional tax exemptions for historic properties that
are open to the public. The property must qualify for the exemption under Section 196.1997.

124 Id. This covenant is also binding on future owners of the property. Id.
125 Id. 196.1997(8).
126 For the Preconstruction Application, the statute requires the applicant to supply the
following information:
1. the name of the owner;
2. the location of the property;
3. a description of the improvements for which the exemption is sought;
4. the date construction of these improvements will begin;
5. proof that the property is a qualifying historic property; and
6. proof that the proposed rehabilitations will be in accordance with the Secretary
of the Interior's Standardsfor Rehabilitation of Historic Properties and
any Florida guidelines.
127 1 FLA. ADMIN. CODE r. 1A-38.003(1).
128 1 FLA. ADMIN. CODE r. 1A-38.003(7).
129 1 FLA. ADMIN. CODE r. 1A-38.003(8).
130 FLA. STAT. 196.1997(9).
131 Id.
132 Id. 196.1997(10).
133 Id.

Contributions of Historic Preservation to the Quality of Life in Florida


There are additional requirements: (1) the property must be used for non-profit or governmental
purposes;134 (2) the property must be "regularly and frequently open for the public's visitation,
use, and benefit";135 and (3) the improvements to the property must be made by or for the use of
the current owner of the property.136 If these additional requirements are met, and if the assessed
value of the improvements to the property as a result of rehabilitation or restoration equals fifty
percent of the total assessed value of the property, the local government may authorize an
exemption equal to 100% of the property's improved, total assessed value.13

Of the 52 Certified Local Governments in Florida, at least thirty have provided for tax
exemptions for historic preservation under one or more of these statutes, and six counties where
CLG's are located have likewise provided for historic tax exemptions.138 In 2005, over $137
million worth of property was exempt from ad valorem taxes due to these three types of tax

134 "[A] property is being used for government or nonprofit purposes if the occupant or user
of at least 65 percent of the useable space of a historic building or of the upland component of an
archaeological site is an agency of the federal, state, or local government, or a [registered] nonprofit
corporation." 1 FLA. ADMIN. CODE r. 1A-38.004(4).
135 Regularly open for public use is defined by the regulations as being available for public
access for at least 52 days in the year. Owners are allowed to charge an entrance fee. 1 FLA. ADMIN.
CODE r. 1A-38.004(5).
136 FLA. STAT. 196.1998(1).
137 Id. As with the regular historic property tax exemption, this additional exemption
applies only to improvements made on or after the day on which the exemption is granted. Id.
138 See, e.g., BROWARD COUNTY CODE art. VI, 311/2-101 31/2-110; CITY OF CORAL
art. IV, 121-149; CITY OF FORT PIERCE CODE ch. 23, art. VII; CITY OF GAINESVILLE CODE ch. 25, art.
IV, 25-61 25-66; HILLSBOROUGH COUNTY CODE ch. 36, art. VI, 81-100; CITY OF HOMESTEAD
CODE 14-8; CITY OF JACKSONVILLE CODE 780-303 & 782-104; CITY OF JUPITER CODE ch. 27, art.
X, div. 35, 1675.10.2; CITY OF LAKE PARK CODE 66-17; CITY OF LAKE WORTH CODE;
CITY OF MIAMI BEACH CODE ch. 118, art. X, div. 5; MIAMI-DADE COUNTY CODE 16-18 & 16A-19;
MONROE COUNTY CODE 9.5-462 & 9.5-464; NEW SMYRNA BEACH CODE ch. 50, art. II, 31-41;
CODE ch. 13.5, art. II; CITY OF PENSACOLA CODE 3-4-91 & 3-4-100; CITY OF PLANT CITY CODE
38-193 & 38-194; CITY OF POMPANO BEACH CODE 159.21; SARASOTA COUNTY CODE art. V, 66-153;
CITY OF ST. AUGUSTINE CODE ch. 2, art. VII, 2-381 2-395; CITY OF ST. PETE BEACH CODE ch. 78,
18, art. VI, 18-221 & 18-222; CITY OF WEST PALM BEACH CODE 82-92 82-96 & 94-51. In
addition to these certified local governments, the following counties, in which certain CLG's are located,
also offer historic preservation tax exemptions: Alachua Cunti\ (ALACHUA COUNTY CODE ch. 39.7);
Escambia COiunL~ (ESCAMBIA COUNTY CODE div. 3, 90-171 90.180.2); Leon CounL\ (LEON COUNTY
CODE art. XIV, 11-376); Martin Cuntn\ (MARTIN COUNTY LAND DEV. CODE div. 13, 4.594); Pinellas
COtnll\ (PINELLAS COUNTY CODE art. IV, 118-161 118-173); St. Johns COtinL\ (St. Johns COtinl\,
Fla., Ordinance 1997-61 (Oct. 21, 1997)) and Volusia Coi11n (VOLUSIA COUNTY CODE art. VI, 62-
176 62-184).

Contributions of Historic Preservation to the Quality of Life in Florida


exemptions.139 The most common type of exemption is the Section 196.1997 exemption,
provided for in Alachua County, Broward, Hillsborough, Miami-Dade, Monroe, Palm Beach,
Pinellas and Sarasota counties, and the cities of Coral Gables, Delray Beach, Eustis, Fort Myers,
Fort Pierce, Gainesville, Jacksonville, Jupiter, Lake Park, Lake Worth, Leon County, Miami
Beach, New Smyrna Beach, Orlando, Palm Beach, Pensacola, Pinellas County, Plant City,
Pompano Beach, St. Augustine, St. Johns County, St. Pete Beach, St. Petersburg, Volusia County
and West Palm Beach. The Section 196.1998 exemption was offered by Broward, Hillsborough
and Monroe counties, and the cities of Delray Beach, Fort Pierce, Gainesville, Pensacola,
Pompano Beach, St. Augustine, St. Pete Beach, St. Petersburg, and West Palm Beach. The
Section 196.1961 exemption was offered in Leon County, and in the cities of Femandina Beach
and Tallahassee.

Although it is not directly related to historic preservation, another important feature of Florida
law operates to mitigate increases in property taxes that might otherwise be caused when
improved property raises property values. This feature is often raised to criticize historic
preservation and other redevelopment programs for displacing the poor from newly refurbished
neighborhoods. Although the problem is very real, the Save Our Homes Amendment to the
Florida Constitution140 helps mitigate ever increasing property taxes. Adopted in 1993, the Save
Our Homes Amendment sets a three percent maximum limit on the annual increase in homestead
property for tax purposes. In 2002, an estimated $80 billion in value statewide was protected
from taxation by the Save Our Homes Amendment.141 This constitutional protection lessens the
burden on property owners from rapidly increased taxes after the rehabilitation or revitalization
of a historic neighborhood.

B. Conservation Easements.

Conservation easements have become another useful tool in promoting historic preservation.
Although easements developed under common law, conservation easements for environmental
and historic preservation purposes are statutory creations.142 The interest created is not a
Table 44 (May 2006). Certain counties, including Dade and Broward Counties had not reported
exemption data by the time of publication. Miami-Dade Coint\ and cities such as Coral Gables and
Miami Beach have long had successful tax exemption programs. Broward Coint\ has only recently
adopted an ordinance authorizing all three statutory tax exemptions. Currently, some eighteen properties
are in the pipeline to receive this exemption. Telephone interview with Kenneth Gibbs, GIS Supervisor,
Office of the Broward Cnti1n Property Appraiser (July 31, 2006).
140 FLA. CONST. art. VII, 4(c).
141 For more about the operation of the Save Our Homes Amendment, see generally Richard
S. Franklin & Roi E. Baugher, III, Protecting and Preserving the Save Our Homes Cap, 77 FLA. BAR J.
34 (2003). Florida's Save Our Homes Amendment is similar in purpose and operation to the famous
Proposition 13 enacted in California in 1978. See CAL. CONST. art. XIIIA, 1 (2005).
142 See FLA. STAT. 704.06 (providing for the creation, acquisition and enforcement of
conservation easements). This section was adopted to allow Florida citizens to benefit from the tax

Contributions of Historic Preservation to the Quality of Life in Florida


possessory or usage right, but rather the right of the easement holder to require the owner to
maintain the historic character of the property.

According to Section 706.06(1), Florida Statutes, a conservation easement means:

a right or interest in real property which is appropriate to ... retaining the structural
integrity or physical appearance of sites or properties of historical, architectural,
archaeological, or cultural significance; or maintaining existing land uses and which
prohibits or limits any of the following:

(h) Acts or uses detrimental to the preservation of the structural integrity or physical
appearance of [historic sites].

The interest created is not a possessory or usage right, but rather the right of the easement holder
to require the owner to maintain the historic character of the property.143 The statute provides
that the conservation easements run with the land, which means they are retained in the event the
land is sold.144 Conservation easements may be "created or stated in the form of a restriction,
easement, covenant, or condition in any deed, will or other instrument... or in any order of
taking,"'14 but because they are real property interests they must be recorded in the county records
office to give notice of the restrictions.146 The owner of the easement, which may be the local
government or a charitable organization,147 can enforce the easement in court. The statute also
provides for third-party enforcement, which would allow for the private enforcement of
easements by interested groups held by local government.148

As a minimum, a conservation easement should ensure that the exterior is maintained and allow
the holder of the easement to review and approve changes. It may also provide for the
preservation of a historic interior. 14 The easement should provide for compatible usage and
control further development. By way of an incentive, Florida law allows dedicated properties to

benefits allowed by the Internal Revenue Code. See infra text accompanying note 153.
143 Id. 704.06(4). The easement holder has the right to enter and inspect the subject
property at reasonable times to ensure that the terms of the easement are complied with. Id.
144 Id. 704.06(4).
145 Id. 704.06(2). The easements may likewise be transferred or acquired like other
property interests. Id.
146 Id. 704.06(2) & (7). This is very important as it ensures that subsequent purchasers of
the property have notice of the easement, and are thus bound by it. See John K. McPherson, Public and
Private Land Use Controls, in E.L. ROY HUNT ET AL., HISTORIC PRESERVATION IN FLORIDA 38 (1988).
147 Id. 704.06(3).
148 Id. 704.06(8) & (9). The deed of easement must provide for third party enforcement,
however. Id.
149 See Thomas A. Coughlin, Easements and Other Legal Techniques to Protect Historic
Property in Private Ownership, 6 PRES. L. REP. 2031 (1987-88); McPherson, supra note 144, at 51.

Contributions of Historic Preservation to the Quality of Life in Florida


benefit by assessing them at a lower rate for tax purposes.150 This reduces the property taxes due
for these subject properties. According to the Florida Department of Revenue, properties in
Florida received lower assessment benefits of over $56 million in 2005 because of these
conservation easements.151 Historic property owners in Miami-Dade County enjoyed a reduction
in tax assessments of over $37 million due to these easements.152

Additional valuable incentives for the use of conservation easements are provided by the federal
government in the form of income tax deductions. Donors of conservation easements may be
eligible to take a charitable contribution deduction on federal income, estate or gift taxes for the
value of easements donated to a tax-exempt charitable organization for "conservation

C. Transferrable Development Rights.

Transferrable development rights (TDR's) are an increasingly popular means of mitigating the
effects of land use regulations upon single owners.154 The purpose of TDR's is to lessen
"wipeouts" caused by government regulations. A wipeout is "any decrease in the value of real
estate other than one caused by the owner or by general deflation."155 A TDR program seeks to
shift a community's development from areas of the community sensitive to development
pressures to other receiving areas. The property in the sending area may be part of a historic
district. In return for leaving the historic property intact, an owner receives rights to develop land
within the receiving area more intensely, or alternatively, to transfer these rights to more intense
development to landowners within the receiving area.156

In Penn Central, the Supreme Court noted the existence of a TDR program in New York City as
useful in mitigating the application of the landmarks ordinance. The owners of Grand Central
Station were not permitted to build the desired office block over the station, but the local
150 FLA. STAT. 193.501, 193.505.
238-39 (May 2006). The tables show a difference in Just Value of $156,612,159 and Taxable Value of
$100,188,355 due to Section 193.505 assessment benefits.
152 Id.
153 I.R.C., 26 U.S.C. 170(h). For more on the federal tax benefits of conservation
easements, see Harwell E. Coale, III, Conservation Easements as Qualified Conservation Contributions,
79 FLA. BAR J. 16 (Oct. 2005) (discussing the qualified organizations and the qualified conservation
154 See FLA. STAT. 163.3202(3) (specifically encouraging communities to make use of
"innovative land development regulations" such as TDRs).
156 See id.; see also Richard J. Roddewig & Cheryl A. Inghram, Transferable Development
Rights Programs: TDRs and the Real Estate Market, APA P.A.S. REPORT NO. 401 (Chicago: ASPO,
1986); KASS, supra note 102, at 5.3.

Contributions of Historic Preservation to the Quality of Life in Florida


ordinance allowed them to transfer the rights to building to other nearby properties with the same
owner.15 The existence of a viable TDR program was a factor in the Court's decision that the
application of New York's landmark preservation law to the station was not a confiscatory
taking, with the Court noting: "While these rights may well not have constituted 'just
compensation' if a 'taking' had occurred, the rights nevertheless undoubtedly mitigate whatever
financial burdens the law has imposed on appellants and, for that reason, are to be taken into
account in considering the impact of regulation."158

The imprimatur of the Supreme Court in Penn Central legitimized TDR's, and since then they
have been incorporated into many land use programs, both for historic preservation and
environmental purposes.159 The use of a TDR program was approved by a Florida court in
Hollywood v. Hollywood, Inc.160 In Hollywood, when the seaside portion of property was
downzoned to single-family status, the owner was allowed in return to transfer the extra
development to inland property, and develop this at a higher density.161 The owner could trade
the right to build 79 single family homes for development rights to 368 additional multi-family
units on the receiving property.162 The result was the preservation of open space on the beach
and prevention of high-rise construction, and was upheld as a valid exercise of the police

Section 193.505(1)(a), Florida Statutes, provides that if the owner transfers the development
rights to this land to the local government, the property will only be assessed at the value of its
actual usage for property tax purposes. By reducing the property tax bill for landowners who
transfer development rights, this law provides an additional incentive for the use of TDR's.

The effective use of TDR's presupposes that there is an area in which to transfer the development
rights. Regulations should clearly determine which properties are eligible for TDR's, designate a
receiving area for the development rights, determine how much may be transferred, and
procedures for the transfers.164 Because the success of a TDR program presupposes that it is

157 Penn Central, 438 U.S. at 120-22.
158 Id. at 137 (citation omitted).
159 See JUERGENSMEYER & ROBERTS, supra note 155, at 9.9; Roddewig & Inghram, supra
note 156, at 5, 13 (including a discussion of the use of TDRs in Collier Cotunt\, Florida). But see Suitum
v. Tahoe Reg. Planning Ag'y, 520 U.S. 725, 747-50 (1997) (Scalia, J., concurring) (suggesting that
TDR's should more properly be considered not in the context of whether a taking occurred but rather as a
possible payment); see also Julian Conrad Juegensmeyer et al., Transferrable Development Rights and
Alternatives After Suitum, 30 URB. LAW. 441, 462-64 (1998) (discussing implications of the Suitum
160 432 So. 2d 1332 (4th DCA), rev. denied, 441 So. 2d 632 (Fla. 1983).
161 Id. at 1333.
162 Id. at 1338.
163 Id. at 1337-38.
164 See KASS, supra note 102, at 5.3. & 5.3.1 (describing TDR programs in New York
City, Dallas, San Francisco and Seattle).

Contributions of Historic Preservation to the Quality of Life in Florida


economically feasible, there must also be some means of demonstrating a calculable monetary
value for the rights. Although TDR's alone will not save an otherwise confiscatory regulation,
by helping to reduce the economic impact of regulation, they can prevent valid regulation from
rising to the level of a taking.165 Florida's new property rights laws also mention TDR's
specifically as a means of settlement and mitigation which may prevent a government regulation
from "inordinately burdening" private property. By preventing wipeout of economic value
through regulation, TDR's can be an effective additional support to a historic preservation

TDR programs have found limited use in Florida, most noticeably in attempts to prevent sprawl
and protect sensitive natural resources. Collier County has adopted one of the most ambitious
TDR programs, designating specific attractive areas of the county as receiving areas.167 The
intent of the program is to protect undeveloped rural lands.168 Dade County, likewise, has long
had a TDR program covering sensitive land in the East Everglades.

In certain urban areas, TDR's have been used to promote historic preservation purposes. For
example, in Coral Gables, owners of historic properties have used the city's TDR provision to
transfer rights to undeveloped building heights to other eligible properties. The receiving areas
identified by the city have proven sufficiently attractive to make the TDR program feasible in
several instances.169

St. Petersburg, likewise, has used TDR's to allow owners to sell undeveloped rights to the
percentage of lot coverage within the downtown. St. Petersburg allows floor to lot area ratio to
expand from 35% to 50% with a TDR, making them more attractive.17 Similar TDR's are
allowed to expand densities in other areas."

165 See Penn Central, 438 U.S. at 137; Hollywood, 432 So. 2d at 1338.
166 NEPA establishes the Council on Environmental Quality (CEQ) to review government
programs in light of the policies announced in NEPA. The CEQ has published guidelines for the
preparation of Environmental Impact Statements in C.F.R. Part 1500.
167 See COLLIER COUNTY LAND DEV. CODE 2.03.07 & 2.03.08.
AREA (Report prepared for Collier COiintl, Florida, 2003).
169 See CITY OF CORAL GABLES CODE 31-5-2; Information on the use of TDR's in Coral
Gables was provided in a telephone discussion with Simone Chen, Historic Preservation Planner, City of
Coral Gables, July 26, 2006.
170 See CITY OF ST. PETERSBURG CODE 29-596 (General Office District).
171 See CITY OF ST. PETERSBURG CODE 29-5551 (expanding densities with TDR's from 12
units to 15 units per acre within Residential Office Districts).

Contributions of Historic Preservation to the Quality of Life in Florida


D. Other Incentive Programs.

Several additional incentives are used by Florida local governments to encourage historic
preservation or to promote the use of historic buildings. These other possible incentive programs
include special exemptions from impact or license fees for occupants of buildings in historic
districts. Tallahassee has long offered a waiver of occupational license fees to promote
businesses within its Park Avenue and other historic districts.

Revolving loan programs and grants are other incentives used by local governments. The City of
Tampa has used funds provided by the I-4 expansion to create a loan program to restore the
historic exteriors of properties in historic Ybor City, as well as in the West Tampa and Tampa
Heights Historic Districts. The trust fund was created from sales of properties impacted by the
Interstate widening. The trust fund offers loans of up to $200,000 with two annual grant cycles
subject to City Council approval.

In Miami-Dade County, a $2.9 billion countywide infrastructure bond package was approved by
voters in November 2004. Included in the Building Better Communities general obligation bond
program are some 300 neighborhood projects to be funded over 15 years. Over one hundred of
these projects involve the restoration or renovation of historic facilities and support for museums
and libraries throughout the county. Included among the planned culture and education projects
are a $50 million restoration of the house and gardens at historic Vizcaya, $2 million to renovate
the old Miami Beach City Hall, $15 million to restore the Coconut Grove Playhouse, and $4.7
million to restore the historic Hampton House Hotel as a local community center. A further $10
million will be placed in a historic preservation fund which will be used for annual historic
preservation grants and loans.17

In Jacksonville, a series of small loans and grants was offered by the city to incentivize
redevelopment of the Springfield Historic District. Beginning with a mayoral initiative in 1998,
the city has sought to foster home ownership and infill development of the Springfield
neighborhood, dividing the district into quadrants to manage the targeting of resources.173

Such grants and loans are not restricted to larger communities. In Kissimmee, the Community
Redevelopment Agency (CRA) and Main Street Program use the tax increment financing from
the CRA to fund grants to improve historic facades and restore historic structures within the
CRA.174 Kissimmee's CRA has awarded over $570,000 in matching grants to businesses and
172 Information about the Building Better Communities Bond Program is available online at:
http://www.miamidade.gov/Build/projects cultureedu.asp.
174 Tax increment financing (TIF) makes use of increases in property tax revenues in
designated geographic areas to fund certain activities. When a tax increment district is established, this
is the base year in which the aggregate tax value of the district is set. As property tax revenues increase
over the established aggregate value, the amount of excess is the tax increment. A CRA or other entity

Contributions of Historic Preservation to the Quality of Life in Florida


homeowners within the district since 1998.175

Finally, some communities offer waivers or reductions in certain fees and taxes as an incentive to
owners of historic properties. For example, the City of Tallahassee offers an exemption from the
occupational license business tax for properties within historic preservation overlay districts.176
Leon County, likewise, offers an exemption from business registration certificate requirements
for businesses within the historic districts.177 Lake Wales and Ocala both offer owners of
properties within historic districts an exemption from certain impact fees.178 These incentives
can also make restoration and occupancy of historic properties attractive.

V. Conclusion.

Florida has some of the nation's oldest historic and archaeological resources, and their protection
at some level has always been a necessity if a connection with our heritage is to be maintained.
However, historic preservation in Florida goes far beyond nationally significant landmarks to
encompass older neighborhoods in many Florida towns, as well as the downtown features of a
similar number of cities large and small. With over five percent of Florida's housing built before
1950,179 historic buildings are a part of Florida life, and housing needs alone justify maintenance
and rehabilitation, where possible, of this older housing stock.

The legal framework for preservation reflects the decisions that preservation of historic resources
is a worthy goal of society. At all levels local, state and federal our laws and regulations
implement this goal of preserving historically and aesthetically significant resources. They do so
in a variety of ways, imposing both regulatory controls and incentives. First, federal regulatory
laws operated mainly by restricting the impacts of federally funded and licensed projects on

entitled to receive the tax increment may then use them for designated purposes. See Sam Casella, What
is TIF in Tax Increment Financing 9 (Planning Advisory Svc. Rep. No. 389, APA 1984). In Florida, TIF
under the Community Redevelopment Act has provided a mechanism for successfully funding downtown
revitalization, including historic preservation activities. See FLA. STAT. ch. 163, pt. III.
175 Information about Kissimmee's CRA and Main Street program is available at:
176 See CITY OF TALLAHASSEE CODE art. II, 18-41.
177 See LEON COUNTY CODE art. IV, 11-84.
178 See CITY OF OCALA CODE 70-509 (exemption from water and sewer impact fees for
rehabilitation, renovation or approved new construction within historic districts or for landmarks); CITY
OF LAKE WALES CODE 23-417 (exemption from police, fire, and parks and recreation impact fees for
construction or alterations of properties in historic districts approved by historic preservation board).
179 The U.S. Census reports that 5.4% of the 4.4 million owner-occupied units and an
additional 7.8% of the 1.9 million rental units in Florida were built prior to 1950. See US Census,
Factfinder, Florida. QT-H7. Year Structure Built and Year Householder Moved Into Unit: 2000,"
available online at:
http://factfinder.census.gov/servlet/QTTable? bm-y&-geo id-04000US12&-qr name-DEC 2000 SF3
U OTH7&-ds name-DEC 2000 SF3 U.

Contributions of Historic Preservation to the Quality of Life in Florida


historic resources. At a local level, ordinances impose controls on the alteration or demolition of
local historic properties. There are two main types of incentives: tax relief and grants. Tax
relief is offered at the federal level in the form of rehabilitation tax credits, and at the local level
in the form of property tax exemptions. Grants are offered by the federal government for the
most significant resources. Although some local governments offer grants, the state is the most
important source of grant funds.

In combination, this package of regulations and incentives works to preserve Florida's heritage
for future generations by restricting harmful alterations to historic resources and promoting the
rehabilitation and adaptive reuse of these resources.

Contributions of Historic Preservation to the Quality of Life in Florida



Catherine Culver
Lori Pennington-Gray, Ph.D.
John Confer, Ph.D.

Center for Tourism Research and Development
College of Health and Human Performance
University Of Florida

Contributions of Historic Preservation to the Quality of Life in Florida


IV-2 Contributions of Historic Preservation to the Quality of Life in Florida

Florida's Tourist-Related Tax Expenditure for Historic Preservation as an
Indicator of Quality Heritage Tourism
Catherine Culver, Lori Pennington-Gray and John Confer


Florida's economy is highly dependent upon tourism. In fact, tourism is the state's

number one industry. According to VISIT FLORIDA, in 2004, 79.7 million tourists visited

Florida (VISIT FLORIDA, 2006). In fiscal year 2003-2004, the annual revenue generated by

tourism accounted for more than $3 billion in state tax revenues. The 53 Florida counties levying

local option tourist development taxes accounted for more than $399 million for the same period.

In 2003, 874,700 persons were directly employed in tourism and travel-related industries in

Florida. In 2004, 912,700 persons were directly employed in tourism, (Florida House of

Representatives, 2005).

In order to maintain and sustain a tourism-dependent economy, in 1967 the state of

Florida authorized tourist-related taxes, sometimes referred to as the bed tax or lodging tax.

Lodging taxes are taxes imposed on lodging, primarily, for revenue generation. The generated

revenue is used to promote tourism, essentially to bring in more overnight guests, thus

regenerating the tourist-related tax. Over the life of the lodging tax, it has been amended 92

times, mostly to redefine authorized uses of the revenue. Although the Florida Statutes provide

authorized uses of the lodging tax, it is up to each county to interpret the statute for its individual

use. Currently, the law reads that a maximum of 4% tax on transient rentals and a 2% tax on

food and beverage is allowed, and that these revenues may be used for "tourism promotion,

activities, capital construction and maintenance of convention and cultural facilities, and for ad

Contributions of Historic Preservation to the Quality of Life in Florida


valorem tax relief for property tax dollars used for these purposes" (Florida House of


Heritage Tourism and Historic Preservation

Heritage tourism, as defined by the National Trust for Historic Preservation, is "traveling

to experience the places, artifacts and activities that authentically represent the stories and people

of the past and present. This includes cultural, historic and natural resources (National Trust for

Historic Preservation, 2006).

Visiting cultural and heritage sites is one of the top activities engaged in while on

vacation (TIA, 2005). Heritage tourism's popularity may in part be a reflection of the

similarities of heritage tourist typology, which is a little older, better educated, and more affluent

than other tourists (Hargrove, 2002) and of the large population of retiring baby boomers.

Heritage tourism provides the vehicle to educate the public about the importance of preserving

the past through institutions and programs, which showcase the wealth of structures and objects,

tangibles and intangibles, indicative of a rich heritage worthy of preservation and protection for

the enjoyment and education of future generations. Heritage tourism, according to the first

director of the National Trust's Heritage Tourism Program, Cheryl Hargrove, (2002), "affords a

solid foundation that sustains the resource as well as offering a social and economic impact."

Studies have consistently shown that heritage tourism travelers stay longer and spend more

money than other types of tourists. When managed properly, heritage tourism benefits both the

visitor and the host community (Garrod & Fyall, 2000, Hargrove, McKercher. & du Cros 2002).

Contributions of Historic Preservation to the Quality of Life in Florida


On the supply side, historic preservation provides the foundation for heritage tourism.

The buildings, archaeology, engineering, art, culture, and ideologies become the basis for

heritage tourism. The human connection to a historically preserved area, a historical attraction or

a historical/cultural event forms the basis of interaction between the tourist and the destination.

Without the human element, the human connectedness, or the human attachment to the tangible,

only the preservation of the building would exist. Heritage tourism provides an opportunity for

visitors to participate in the destinations, history and culture. Thus, one could argue that heritage

tourism and historic preservation sustain each other. For example: an old military fort remains

simply a historic property unless the human story, or heritage, is attached.

The purpose of this study was to examine the amount of lodging tax used to support

historic preservation in Florida counties. In order to do this it was necessary to establish a

working definition of historic preservation. Currently, there isn't a universally accepted single

definition of the concept of historic preservation in the context of heritage tourism. The

boundaries under consideration in the concept of historic preservation have evolved, particularly

over this last century. The original interpretation of historic preservation which focused on only

the actual historic structure has emerged to include a broader philosophy of historic preservation.

Now, the new definition of historic preservation includes archaeology, culture, engineering,

history, and architecture. The definition has expanded beyond simply tangible objects and

structures to the broad-reaching definition that includes the intangible culture and heritage.

For this study, the definition of "historic" that has been used comes from the National

Register Criteria for Evaluation:

The quality of significance in American history, architecture, archeology,
engineering, and culture is present in districts, sites, buildings, structures, and
objects that possess integrity of location, design, setting, materials, workmanship,
feeling, and association, and:

Contributions of Historic Preservation to the Quality of Life in Florida


A. That are associated with events that have made a significant contribution to the
broad patterns of our history; or

B. That are associated with the lives of significant persons in or past; or

C. That embody the distinctive characteristics of a type, period, or method of
construction, or that represent the work of a master, or that possess high artistic
values, or that represent a significant and distinguishable entity whose
components may lack individual distinction; or

D. That has yielded or may be likely to yield, information important in history or
prehistory. (National Park Service, 1993).

The definition of "preservation" used is the one defined below by Miriam-Webster

(Miriam-Webster Online Dictionary, 2005-2006):

1 : to keep safe from injury, harm, or destruction : PROTECT
2 a : to keep alive, intact, or free from decay b : MAINTAIN
3 a : to keep or save from decomposition b : to can, pickle, or similarly prepare
for future use
4 : to keep up and reserve for personal or special use

The National Park Service's National Register of Historic Places website defines

"preservation" by giving the following 1992 U.S. Congress explanation for enacting preservation


A. The spirit and direction of the Nation are founded upon and
reflected in its historic heritage.

B. The historical and cultural foundations of the Nation should be
preserved as a living part of our community life and development in
order to give a sense of orientation to the American people.

C. Historic properties significant to the Nation's heritage are being lost or
substantially altered, often inadvertently, with increasing frequency.

D. The preservation of this irreplaceable heritage is in the public interest
so that its vital legacy of cultural, educational, aesthetic, inspirational,
economic, and energy benefits will be maintained and enriched for
future generations of Americans. (Savage & Harper, 1993)

Contributions of Historic Preservation to the Quality of Life in Florida


It is in consideration of these definitions of "historic" and "preservation" that a working

definition of historic preservation has been posited. For this research, therefore, historic

preservation has been defined as,

The keeping safe from injury, harm, destruction, or decay, and the keeping alive
and intact the irreplaceable architectural, archaeological, artistic, cultural,
educational, engineering, and inspirational districts, events, ideologies, objects,
and sites representing the heritage and cultural foundations evoking association,
direction, feeling, inspiration, and endemic in location, material, and setting that
provide a sense of orientation to the American people and the nation's vital legacy
for future generations.

The New Definition of Historic Preservation

Many areas have historic structures that would qualify as historically significant to the

architecturally-oriented preservationist, but it is the events that take place in and around these

structures, the traditions associated with the area and the structures, the perpetuation of arts and

crafts that reflect a threatened way of life endemic of the area, the festivals celebrating the

history of the people and the area that distinguish the historic preservation of the county. It is

then accepted that, the importance of the multiple cultural aspects of historic preservation will be


Purpose of Study

The purpose of this study was to examine the allocation of lodging tax by county/area

which is used to support historic preservation-related activities. It is maintained that the greater

the amount of money used to support historic preservation-related activities, the greater overall

preservation within the community. Preserving the community is one vehicle for enhancing the

local residents' quality of life. The preservation of important artifacts which represent the

Contributions of Historic Preservation to the Quality of Life in Florida


community, preservation of events which showcase the community, and the preservation of

historic buildings which facilitate culture are all instrumental to preserving the community. Thus,

the allocation of taxes generated by visitors to critical elements of culture and history are

instrumental in maintaining and supporting a higher quality of life for locals.

Figure 1. Relationship between tourism, lodging taxes, historic preservation and quality of life

of culture
and history
directly or
from lodging

life fo r i


ists pay
ng tax at


The 2005 Florida Tourism Committee publication, 2005 Report on Florida's Tourist-

Related Taxes (Florida House of Representatives, Council for State Infrastructure, Tourism

Committee, 2005), was used as a reference tool to complete the research study. After reviewing

all counties in the report, it was determined that the 2003-2004 fiscal year would be used for data

comparison, given that it was the most comprehensive fiscal year of revenue reporting. The

Contributions of Historic Preservation to the Quality of Life in Florida


2005 report also contained 2004-2005 fiscal year data for some counties, but due to the report's

ending date of November 2004, data gathered for fiscal year 2004-2005 was incomplete.

The 2005 Report on Florida's Tourist-Related Taxes, lists 67 counties in the state of

Florida, of which, as of November 30, 2004, 53 levied a local option tourist development tax or

short-term lodging tax. This comprehensive report from the Florida House of Representatives,

Council for State Infrastructure, Committee on Tourism, includes the breakdown by county for

each county that collects a lodging tax, the specific revenue categories and the corresponding

percentage of the total revenue available, and a detailed five-year history of tourist-related tax

usage by each county. The use of revenue by category and the corresponding specific project

uses were also reported by each county to the Committee on Tourism for recording purposes and

are part of this report.

The second phase of the research was qualitative and involved opened-ended interviews

from only those Florida counties reporting collection of tourist-related in 2003-2004 in the 2005

Report on Florida's Tourist-Related Taxes. The participants in the survey were the individual

county tourism representatives in the counties which reported collecting tourist-related tax in

fiscal year 2003-2004. To obtain a list of the corresponding contacts for each county, the

directorof FACVB (Florida Association of Convention and Visitors Bureaus), Robert Skrob,

was contacted by telephone. Each county director was subsequently sent an e-mail with the

survey instrument attached to allow each individual the opportunity to view the survey prior to

telephone contact. The e-mail explained that each individual would be contacted by telephone at

a later date.

Only those counties listed as collecting tourist-related tax for the year 2003-2004 were

contacted for the survey. During fiscal year 2003-2004, fourteen Florida counties did not report

Contributions of Historic Preservation to the Quality of Life in Florida


collection of tourist-related lodging tax. This reduced the total numbers of counties to be

contacted from 67 to 53 (n=53). Some of the contact names provided by the Florida Association

of Convention and Visitors Bureaus had changed. The referred participant was noted and


Prior to the actual telephone survey, the written survey document was presented and

approved by Center for Tourism Research and Development Associate and Department of

Tourism, Recreation, and Sports Management Associate Professor and Advisor, Dr. Lori

Pennington-Gray, and Center for Tourism Research and Development Associate and Department

of Tourism, Recreation, and Sports Management Chair, Dr. Stephen Holland. Subsequent

approval was sought and granted by the University of Florida Institutional Review Board.

At the start of each telephone interview, the county representative was asked to confirm

the percentage of tourist-related tax levied, the equivalent dollars, and the distribution of that

revenue by category as reported in the 2005 Report on Florida's Tourist-Related Taxes.

Additionally, each county representative was asked if the current tourist-related tax percentage

was the same as 2003-2004 fiscal year, which is the fiscal year being compared in this study.

The following questions were asked of each survey participant:

1. What is the current percentage of tax collected by your county on short-term


2. What does that equal in dollars?

3. How does your county spend that money?

4. Who determines how the money is spent?

5. What are the criteria for determining how the money is spent?

Contributions of Historic Preservation to the Quality of Life in Florida


6. How much of the bed tax money is spent on historic preservation?

Following are examples of a follow-up question posed for those participants responding

that there was no revenue spent for historic preservation. "If my museum wanted money to bring

a traveling show of a historic preservation-theme to the county, would there be a way to fund the

show? Who would I go to ask for money?" "My organization would like to have a festival of a

historic theme. Can we get funding from your county to promote it? If so, could we use the

profits from the festival for historic preservation?" "The county historic museum has water

damage due to a roof leak. Can your county use short-term lodging tax revenue for repairs?"

The answers to the questions were coded and loaded into an Excel spread sheet for


Study Findings

Following are the top ten Florida counties listed in descending order by the percentage of

tourism-related tax revenue allocated to support historic preservation based on the working

definition of historic preservation and the data obtained from the 2005 Report on Florida's

Tourist-Related Taxes (Table 1).

Suwannee County, with a 2% bed tax, or $77,161, listed 60%, or $46,297, of its short-

term lodging revenue allocated to tourism development. Projects within this allocation included

preservation of a historic museum, renaissance festivals, Cinco de Mayo festivals, and other

community cultural events. In all, a total of 90% of Suwannee County's 2003-2004 tourism-

related tax revenue went to historic preservation-related activities.

Contributions of Historic Preservation to the Quality of Life in Florida


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