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List of Florida Agencies Involved Florida Real Estate Development - Ready Reference for Miami and South Florida Land Development

Land Developers in South Florida must work with numerous authorities within the State of Florida as they move from conception to completion of a wide variety of projects.  For ready reference, here is a link list of those Florida agencies most often involved in land development issues:

  1. Agriculture and Consumer Services
  2. Department of Community Affairs
  3. Department of Environmental Protection
  4. Department of Housing and Community Development
  5. Department of State
  6. Department of Transportation
  7. Fish and Wildlife Conservation Commission
  8. South Florida Regional Planning Council
  9. South Florida Water Management District
  10. Southwest Florida Water Management District
  11. St. Johns River Water Management District

Florida Fights for High Speed Train - Land Developers, Unemployed Workers Cross Their Fingers

Florida still may get that bullet train between Orlando and Tampa, and later to Miami, if some fast-acting state legislators can pull a rabbit out of their collective hat and get that $2.4 billion of federal funds into the Florida economy.  U.S. Transportation Secretary Ray LaHood has set a quick deadline for an official Florida plan to be placed on his desk. 

That deadline is this Friday.

These 25 or so lawmakers are a combination of Republicans and Democrats, who got together and wrote Mr. LaHood, circumventing the governor with their own brainchild:  a Florida planning agency/railway authority could spearhead the bullet train.  Under their plan, this organization would oversee the building of the high rail line and thereafter take responsibility for its operations.  

The organization is already in place -- Florida created it over a year ago, naming it the Florida Rail Enterprise, so that much is done. (Read the creating legislation here.)

Here's what they wrote to Secretary LaHood (read the full text of their letter here):

In December of 2009, members of the Florida Legislature voted to create the Florida Rail Enterprise and the Florida Statewide Passenger Rail Commission. The enterprise could have the ability (pursuant to s. 341.822, Florida Statutes) to independently move forward with Florida’s plans for high speed rail. Please give us the time necessary to work with the enterprise prior to re‐allocating Florida’s funds to another state.

This project would create real jobs, cleaner and smarter transportation, and true economic development for Floridians. The international consortiums who have been investing time and money while waiting for the chance to respond to a request for a proposal deserve that opportunity. Politics should have no place in the future of Florida’s transportation, as evidenced by this letter of bipartisan support.

Let's see if this fancy footwork pays off: California and New York are both chomping at the bit, pushing the feds to send that $2.4 billion earmarked for high rail projects their way if Florida doesn't get it. 

Florida Governor Rick Scott Nixing Fed Money for Bullet Train - How Can This Be Good for Florida?

Governor Rick Scott has declined $2.4 billion in federal monies that would pay for one of those speedy, sleek, bullet train lines that would initially move people to and from Orlando and Tampa, and in its second phase would whip over to Miami to allow for access to the Miami airport. 

This meant jobs.  It meant money coming into Florida's economy at a time when the economy is hurting.  Badly.  That's in the short run. 

In the long run, it meant a nice new transportation route that would improve our state and national infrastructure (let's not get started on how bad our roads, highways, rails, etc. are failing now - it's bad, we all know it) as well as build a better Florida marketplace.  Land development would welcome this bullet train, it's exciting to think about (or it used to be). 

Here's what is being bandied about today - criticism is running deep and fast:

From the Miami Herald in an editorial entitled, "Scott’s high-speed imprudence: OUR OPINION: Jobs-creating train deal merits bids not death," the Herald points out that not only is it arguable that Governor Scott lacks the constitutional power to make this call, but he is also "...putting his ideology before common sense...."  The Herald estimates that Florida will lose the opportunity to put 14,000 people to work in the first phase, and 25,000 in the second phase of the proposed construction. 

Susan Milligan of the U.S. News and World Report opines in her editorial, "Florida Gov. Rick Scott Plays Politics with High-Speed Rail Funds," that this can only be political stubborness on the part of Governor Scott, pushing the button on the deal simply because it has a "Stimulus from Obama" label on it. 

She makes a very interesting point, taking facts from the Orlando Sentinel:  seems there are companies in the private sector that have said they will pay the money needed to build both phases of the bullet train project - so there's really no money reason to say no to it.  Milligan goes so far as to suggest that Governor Scott has an agenda to doom Obama's plan - or perhaps that he cannot view a life where we ride daily in public transportation instead of jumping into a car.

What is Governor Scott's position? 

According to Bloomberg, he's joining with three other governors (all Republican) in rejecting the rail money because it means that taxpayers will have to be burdened with the expense. 

Meanwhile, you can read the Governor's official statement here, where Scott explains his position, as follows, and decide for yourself if Florida just got kicked when it is down:

My decision to reject the project comes down to three main economic realities:

o First – capital cost overruns from the project could put Florida taxpayers on the hook for an additional $3 billion.

o Second – ridership and revenue projections are historically overly-optimistic and would likely result in ongoing subsidies that state taxpayers would have to incur. (from $300 million – $575 million over 10 years) – Note: The state subsidizes Tri-Rail $34.6 million a year while passenger revenues covers only $10.4 million of the $64 million annual operating budget.

o Finally – if the project becomes too costly for taxpayers and is shut down, the state would have to return the $2.4 billion in federal funds to D.C.

• The truth is that this project would be far too costly to taxpayers and I believe the risk far outweighs the benefits.

• Historical data shows capital cost overruns are pervasive in 9 out of 10 high speed rail projects and that 2/3 of those projects inflated ridership projections by an average of 65 percent of actual patronage.

• It is projected that 3.07 million people will use the train annually. Keep in mind that Amtrak’s Acela train in Washington, D.C., Boston, Philadelphia, New York and Baltimore only had 3.2 million riders in 2010. And that market’s population is 8 times the size of the Tampa/Orlando market.

• President Obama’s high-speed rail program is not the answer to Florida’s economic recovery.

• We must make investments in areas where we will get a return for the shareholders – Florida’s taxpayers.

• Rather than investing in a high-risk rail project, we should be focusing on improving our ports, rail and highway infrastructure to be in a position to attract the increased shipping that will result when the Panama Canal is expanded when the free trade agreements with Colombia and Panama are ratified and with the expansion of the economies of Central and South America.

• By capturing a larger share of containerized imports entering our seaports, expanding export markets for Florida businesses and emerging as a global hub for trade and investment we can create up to an additional 143,000 jobs according to a recent chamber of commerce study.

• It is absolutely critical that we make smart investments with taxpayer dollars, whether state or federal, and I believe our state will be better served by spending these funds on projects that will benefit Florida and not turn into a spending boondoggle.

• The answer is to reduce government spending, cut government’s leash on our state’s job creators and then hold that government accountable for the investments it makes.

St. Joe Company Power Play? Berkowitz Resigns on Valentine's Day, Is Another Shoe About to Drop?

Yesterday, Bruce Berkowitz and his partner Charlie Fernandez at Fairholme Capital Management, L.L.C., resigned in a big way from St. Joe Company, after serving only six weeks on the St. Joe Board. 

Here, from the filed with the Securities and Exchange Commission (read the full filing here):

Item 4 is hereby amended and supplemented with the following:

Bruce R. Berkowitz and Charles M. Fernandez, Managing Member and President, respectively, of Fairholme, have withdrawn their names from consideration to serve on the Issuer’s slate of directors for the Issuer’s upcoming Annual General Meeting and have resigned from the Issuer’s board of directors (the “Board”), effective as of February 14, 2011.

On February 14, 2011, Mr. Berkowitz and Mr. Fernandez sent the following email to the Board:

Directors of St. Joe:

The two of us have discussed the situation at St. Joe and its nominating and governance process. We will not stand for re-election except as part of a Board where a majority of the directors are committed to shareholder value, pay for performance, and effective corporate governance.

After working with the current Board over these past weeks, we have concluded that the current Board is not in a position to propose such a slate of directors.

Accordingly, we withdraw our names from consideration by the Nominating and Governance Committee for election at the Annual General Meeting, and we resign from the Board of St. Joe effective immediately.

Bruce & Charlie

Some analysts are wondering what's going on here; for instance, Roger Nachman at Benzinga questions Berkowitz's motivation for making this move in an article published shortly after the resignation was made public, "Why is Bruce Berkowitz Resigning From St. Joe?"  He's discussing the stock price activity as well as chatter that Berkowitz felt stymied in the ability to move forward with St. Joe.

Over at the Wall Street Journal's Deals blog, coverage is focusing on what the reaction is, thus far, to the Berkowitz resignation.  Shira Olive writes a post, "St. Joe Takes a Stand Against Bruce Berkowitz," that details the initial corporate reaction to the Berkowitz curve ball and possible repurcussions. 

As WSJ points out, it's strange to have a big stockholder like Bruce Berkowitz (he owns 30%) to jump on the corporate board -- and it's also unusual for a company to do something that might offend its majority stockholder.  And, Mr. Berkowitz might not like the corporate knee-jerk reaction yesterday: 

Here, the official press release that St. Joe Company issued yesterday (go here to read the full text):

"Fairholme's statements and actions surrounding the resignation of its representatives from the Board of The St. Joe Company, after having served for only six weeks and while the St. Joe Governance and Nominating Committee was reviewing their proposed nominees, are not in the best interest of all St. Joe shareholders. While on the Board, Fairholme's representatives had advised the Company that they substantially agreed with the business plan and approved the exploration of strategic alternatives.

The St. Joe Board has always been committed to strong corporate governance, to protecting shareholders' interests and to creating superior results for the long-term. On February 8, 2011 we announced that our Board has retained Morgan Stanley & Co. Incorporated to serve as financial advisor as we explore a wide range of options to enhance shareholder value. While there can be no assurance that any changes or transaction will result from this process, we believe it is an important step for the Company."

St. Joe Company is important to the State of Florida.  With ownership of over 576,000 acres, St. Joe is the second-largest land owner in Florida, and it's been actively involved in the Florida economy since the early 1930s.  It's a big player in Florida land development and what happens to St. Joe has a ripple effect throughout the rest of the state. 

The new blood that Berkowitz was bringing to St. Joe was seen by national investors as well as real estate analysts as a good thing.  The events this week aren't smooth sailing for St. Joe, and Berkowitz's departure is not only curious but concerning. 

What is the rest of the story here? Perhaps we'll know more within the next couple of weeks - more than the current email/SEC filing vs. press release challenges that we're all watching play out right now.  One thing we do know: something big happened here to make Berkowitz walk.  What that means to St. Joe Company is unclear - for now.

Fannie Mae and Freddie Mac Dumped by the Fed: What Does This Mean for Florida Real Estate?

Private lenders are monitoring this week's latest from the Obama White House, where a "white paper" is expected shortly that will provide details on how Fannie Mae and Freddie Mac are going to be phased out.  There has already been the revelation that President Obama will be recommending that these two home mortgage programs be terminated, and that the federal government ease itself out of the mortgage marketplace. 

This news comes within three years after the feds took over both Fannie Mae and Freddie Mac.  It was in September 2008, that the Treasury Department placed both of the entities under its conservatorship. 

The transition is expected to go slow, and no one knows at this point the timing that will be proposed, or what the feds have in mind for future involvement in residential real estate finance.  We have to wait for the White House white paper on the details - and probably for a long time after that - because this isn't going to be a smooth and simple change. 

It's not a break-up between the government and the finance market, it's much more like a divorce.  This is true enough, even before we consider that Congress has got to have its say on things. 

What's at stake for Florida and the rest of the country is determining how homes will be financed in the future, without these programs.  After all, Fannie Mae and Freddie Mac at one point were almost an established American tradition. 

Fannie Mae, the nickname for the Federal National Mortgage Association (FNMA) has its origins in the Great Depression; it was initially a publicly traded company established as part of the New Deal back in 1938.  Thirty years later, Congress took the entity under the government's wing, sponsoring it as Fannie Mae provided security for mortgages by offering mortgage-backed securities, so financial institutions could take their funds and lend again.  The result was more lending, and a bigger national mortgage market. 

Freddie Mac, more formally known as the Federal Home Loan Mortgage Corporation (FHLMC), began in 1970 as another vehicle to grow the secondary mortgage market.  Freddie Mac bought mortgages on the secondary mortgage market from a variety of lenders, and would then combine its purchases into a pool which it then sold to real estate investors.  Freddie Mac, along with Fannie Mae, worked to increase the lenders' ability to lend -- and therefore, worked to expand the American mortgage market. 

According to the Wall Street Journal, Fannie and Freddie have accounted for nine of 10 new loan originations last year. 

So, what does this mean to Florida?

The impact will be huge.  Already, over in China, which has purchased Fannie Mae and Freddie Mac product to the tune of half a trillion dollars, there are concerns that the bondholders aren't going to be left holding the bag on any losses here.  According to the Atlantic, China (and assumedly the other bondholders) would prefer for the American taxpayer to do that. 

Meanwhile, a wide variety of players in the real estate industry are coming together to denounce and warn against the death of Fannie Mae and Freddie Mac.  As compiled in a report today by the Huffington Post, there is a huge concern by realtors that this action by the federal government will result in an end to the American mortgage market, where the dream of home ownership is a thing of the past.  Small banks and credit unions, meanwhile, are worried that this will be another way for big banks to take things over, running the smaller lenders out of business. 

In a talking points memo issued by the National Board of Realtors (read it here), the bad things that may happen here include:

  1. reduce housing access and affordability for those who are willing and able to become home owners;
  2. create higher profits for America’s big banks;
  3. create more “too big to fail” banks, leading to greater consumer risk and taxpayer exposure; and
  4. hurt the economy and hinder job creation and growth.

President Obama's formal White Paper is expected to be released to the public tomorrow.

 

 

Florida Real Estate Development: The St. Joe Company Shake-Up as an Example of Good Things to Come

Right now, there's lots of chatter in investment circles (see yesterday's Fortune magazine coverage for details) about St. Joe Company, a well-known Florida real estate developer, since news is that there will be a fruit basket turnover of the St. Joe board of directors. 

The board meeting takes place today.

What will be proposed is Bruce Berkowitz taking on the mantle of Chairman of the Board; Charles Fernandez (Berkowitz's partner) becoming Vice-chairman; and new blood coming to the St. Joe board in the form of Carnival's Howard Frank (its COO) and Florida Fish and Wildlife Conservation Commission's Chairman Rodney Barreto.

That's right: in a move that might (or might not) appease the character Clinton Tyree, aka Skink, in Florida bestselling author Carl Hiessen's series of books, the head of the environmental agency is being offered a spot on the real estate development company's board, just as St. Joe's Billy Buzzett (its former head of strategic planning) is now working for our new governor as the head of Florida's Department of Community Affairs

News of this possible change (leaked over the weekend, apparently) has already upped the cost of St. Joe stock 11%, and one can assume that the price will go higher after the vote.  Bezinga is predicting more of a jump ("St. Joe Poised to Go Higher").

St. Joe Company isn't the biggest land development in Florida.  St. Joe Company isn't the only developer with an awareness of conservation.  However, St. Joe Company is important to Florida for its impact upon the real estate industry - and having the national eye upon it and stock voting confidence in its future with this leadership change bodes well for our economic future.

Let's see what happens.

Wall Street Journal Points to Developer Starwood as Example of Savvy Florida Investment in 2011

Things are happening down here in Florida, good things, despite the doom and gloom reports that pepper the financial news these days.  Here's a prime example of how land development and real estate deals are still going on in The Sunshine State - and how the media is picking up on these hints of better times ahead:  this week, the Wall Street Journal's real estate blog focused upon Starwood Land Ventures and its recent buy of an Orlando master planned community.

What's happened is that Starwood Land Ventures scooped up a planned community in Orlando called Summerlake, admittedly at a bargain price that was less than half the original asking price in 2005.  Starwood's goal is to profit through resale:  offering the 1500 home sites that cover its 557-acre Orlando master plan to custom home builders who will be catching the wave of the upcoming real estate upturn. 

That's right:  Starwood is putting millions of dollars into Florida land because of a belief that there will be demand for new homes in the Orlando area.  A $28,000,000 commitment to Florida's brighter future - good news for all of us. 

From its own press release (which did get picked up by the local media): 

"Summerlake is an integral part of Orange County's Horizons West master plan," said Mike Moser, Starwood Land Ventures' east region president. "We are investing in high quality real estate in the best submarket in Central Florida. We plan to strategically select top builders that will enhance the community's lifestyle and charm and provide high quality residences for our future homeowners."

Summerlake is a 557-acre property located 1.5 miles north of the Disney property and 17 miles Northwest of the Orlando International Airport. The community has more than 1,500 home sites approved for development with nearly 450 of them being fully developed and 30 homes completed. When homebuilding commences later this year, home prices are expected to start in the high $100,000's. Eventually more than 3,000 Summerlake residents will enjoy the high-end resort-style recreational facility, clubhouse, pools and tennis courts expected to open in 2012.

Let's hope we see more media coverage with economically encouraging news stories like this.  They are out there. 

Is FDIC Chairman Sheila Bair Very, Very Wrong In Her Proposals Regarding Regulating Mortgage Servicers?

Sheila Bair chairs the Federal Depository Insurance Corporation ("FDIC") and has since since June 2006, when she was appointed for a five year term by President George W. Bush.  (Sheila Bair is also serving a term on the FDIC's Board of Directors which will end in 2013.)

For many, Sheila Bair's biggest role involves overseeing and salvaging banks that are going under.  Watching the FDIC today usually means watching the news for what banks have failed this week. 

The FDIC Failed Bank List

The FDIC Failed Bank List keeps track of banks that are taken over by the FDIC, which comes in as receiver -- it's a scary list for most at this juncture and many are watching the 2011 FDIC Failed Bank List to see just how many banks fail in 2011 (there have been 11 bank failures so far this year - all in January 2011). 

FDIC Chair Sheila Bair Also Player in Financial Reform

However, FDIC Chair Sheila Bair is also a key mover and shaker in finance and lending practices in this country.  Right now, for example, she is calling for Mortgage Servicers to fork up the necessary funding to establish a Mortgage Servicer Foreclosure Commission that would investigate complaints from consumers regarding these companies and would have the power to resolve these disputes with money provided by the mortgage servicing companies. (If this sounds familiar, it should: it's analogous to the British Petroleum model.)

Sheila Bair is also pushing for the Dodd-Frank Act's risk retention rules to be expanded to incorporate mortgage servicers.  No news here that banks and others involved in the mortgage business are not happy with this proposal.  She advanced this proposition a couple of weeks back during a speech to the Mortgage Bankers Association (see link to full text of her speech, below). 

Rebutting FDIC Chair Sheila Bair's Position on the Mortgage Industry - Maybe She's Wrong

However, rather than go through the details here on why Ms. Bair may not be right in her approach, read the excellent itemized rebuttal of Thomas Brown of Bankstocks.com where he takes her speech, paragraph by paragraph, and points out key issues that include:

  • the problem with the mortgage crisis in our country is not how the mortgage notes were serviced, but the fact that borrowers stopped paying on their notes - in massive numbers.  This unprecedented number of home loan defaults forced the financial industry to deal with a new and unique crisis
  • many of these mortgages were given to folk that should not have been given a home loan, and would not have received financing in prior years; and
  • the finance industry views the true crisis as occuring in 2008 and here in 2011, the issue is how to clean things up and move forward.  The massive defaults have already hit. 

Read FDIC Chair Shiela Bair's speech to the Mortgage Bankers Association's January 2011 Summit on Residential Mortgage Servicing for the 21st Century here

For an excellent resource on the details of the Dodd-Frank Act, refer to the Law Librarians' Society of Washington, D.C.'s online resource here. 

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