Senate Bill 0758c1

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    Florida Senate - 2000                            CS for SB 758

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senators Lee, Latvala, Carlton and Sebesta




    316-1108-00

  1                      A bill to be entitled

  2         An act relating to growth management; creating

  3         the Grow Smart Florida Study Commission;

  4         providing for commission membership and

  5         purpose; providing an appropriation; providing

  6         an effective date.

  7

  8         WHEREAS, the protection of Florida's land and water

  9  resources is essential to the existence of our residents'

10  quality of life and a strong economy, and

11         WHEREAS, Florida's extreme population growth continues

12  to stress the state's natural resources and to degrade the

13  state's public infrastructure, and

14         WHEREAS, in 1972, in an effort to provide for adequate

15  planning and guidance for growth and new development within

16  the state, the Florida Legislature enacted chapter 380,

17  Florida Statutes, the Florida Environmental Land and Water

18  Management Act of 1972, and

19         WHEREAS, as part of chapter 380, the Legislature

20  created an Environmental Land Management Study Committee to

21  recommend necessary changes in legislation, draft model

22  development ordinances, and review and comment upon the status

23  and effectiveness of agencies involved in land and water

24  management, and

25         WHEREAS, in 1982, Governor Graham established the

26  second Environmental Land Management Study Committee in order

27  to review the need for growth-management legislation to

28  balance environmental protection and economic concerns, and

29         WHEREAS, in 1984, the Legislature revised chapters 186

30  and 187, Florida Statutes, the State and Regional Planning Act

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    Florida Senate - 2000                            CS for SB 758
    316-1108-00




  1  of 1984, in an effort to guide state and regional planning

  2  activities, and

  3         WHEREAS, in 1985, in an effort to improve planning for

  4  growth and new development within the state, the Florida

  5  Legislature enacted chapter 163, Part II, Florida Statutes,

  6  the Local Government Comprehensive Planning and Land

  7  Development Regulation Act, commonly referred to as the Growth

  8  Management Act, and

  9         WHEREAS, in 1991, Governor Chiles established the third

10  Environmental Land Management Study Committee to review the

11  challenges that growth will continue to create for the state,

12  and

13         WHEREAS, Florida's growth-management system is an

14  integral part of this state's governance and planning and

15  should be periodically reviewed in order to assure that it is

16  functioning in a manner that will achieve the objectives of

17  the law, and

18         WHEREAS, all local comprehensive plans required by the

19  act have now been filed with the Department of Community

20  Affairs and a substantial majority of those plans have been

21  determined to be in compliance with the applicable statutes

22  and rules, and

23         WHEREAS, the state is at a critical phase in the

24  implementation of the Growth Management Act, and now is the

25  appropriate time to assess the current status of the system

26  and to determine what, if any, adjustments are needed to

27  assure that the next phases in the growth-management system

28  will guide the state into a vibrant future, and

29         WHEREAS, cooperation and consensus are appropriate to

30  the goals and purposes of the growth-management system in

31  order to assure that the benefits that growth offers are

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    Florida Senate - 2000                            CS for SB 758
    316-1108-00




  1  maximized while negative effects are minimized, NOW,

  2  THEREFORE,

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  4  Be It Enacted by the Legislature of the State of Florida:

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  6         Section 1.  (1)  The Grow Smart Florida Study

  7  Commission is created. The commission shall be composed of 25

  8  members, 10 of whom are to be appointed by the Governor, 7 of

  9  whom are to be appointed by the President of the Senate, and 7

10  of whom are to be appointed by the Speaker of the House of

11  Representatives. In addition, the Secretary of the Department

12  of Community Affairs shall serve as a voting member of the

13  commission and the secretaries of the Department of

14  Environmental Protection and the Department of Transportation

15  and the Executive Director of the Fish and Wildlife

16  Conservation Commission shall serve as ex-officio nonvoting

17  members of the commission. The Governor's appointments must

18  include two appointments from each of the following groups of

19  interests:

20         (a)  Business interests including, but not limited to,

21  development, agriculture, real estate, and

22  forestry/silviculture.

23         (b)  Environmental interests including, but not limited

24  to, environmental justice groups, resource-based conservation

25  and outdoor conservation groups, and environmental quality and

26  conservation groups.

27         (c)  Community participants including, but not limited

28  to, citizen groups, not-for-profit community associations,

29  citizen planners, and affordable housing groups.

30         (d)  Local and regional governments including, but not

31  limited to, municipalities, counties, special districts,

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    Florida Senate - 2000                            CS for SB 758
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  1  metropolitan planning organizations, and regional planning

  2  councils.

  3         (e)  Growth management and planning specialists

  4  including, but not limited to, professional planners,

  5  attorneys, engineers, and architects.

  6

  7  The Senate President and the Speaker of the House of

  8  Representatives shall each select one appointment from each of

  9  the five categories listed above and shall also appoint two

10  members from their respective houses of the Legislature to

11  serve on the commission. The appointments must be made by July

12  1, 2000, and the first meeting of the commission shall be held

13  no later than August 1, 2000. The chairman of the commission

14  shall be elected by the majority of the membership at its

15  first meeting. Any vacancy occurring in the membership of the

16  commission is to be filled in the same manner as the original

17  appointment.

18         (2)  The members of the commission are entitled to one

19  vote, and action of the commission is not binding unless taken

20  by a two-thirds vote of the members present. However, action

21  of the commission may be taken only at a meeting at which a

22  majority of the commission members are present.

23         (3)  The commission shall review the operation and

24  implementation of Florida's growth-management statutes,

25  including chapter 380, chapter 163, chapter 187, and chapter

26  186, Florida Statutes, and shall make recommendations for

27  improving the state's system for managing growth. It may also

28  establish and appoint any necessary technical advisory

29  committees. The commission is requested, to the extent

30  practicable, to specifically address and, if appropriate, make

31  recommendations for improving the growth-management system

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    Florida Senate - 2000                            CS for SB 758
    316-1108-00




  1  with respect to the following issues, including, but not

  2  limited to:

  3         (a)  Identification of the goals and desired outcomes

  4  of state, regional, and local comprehensive planning.

  5         (b)  Identification of compelling state interests as

  6  part of the State Comprehensive Plan.

  7         (c)  Enforcement of local plan provisions.

  8         (d)  The appropriate relationship between

  9  infrastructure funding and comprehensive planning.

10         (e)  The appropriate role of the

11  development-of-regional-impact process in the context of

12  implementing local comprehensive planning.

13         (f)  The role and character of regional units of

14  government and metropolitan planning organizations and their

15  relationships to state and local governments.

16         (g)  Methods of accomplishing intergovernmental

17  coordination.

18         (h)  The relationship between local government

19  comprehensive plans, annexations, and joint planning

20  agreements between cities and counties.

21         (i)  Assuring concurrency in an efficient, predictable,

22  and reasonable manner.

23         (j)  The content requirements for Evaluation and

24  Appraisal Reports and recommended procedures for their review

25  by the Department of Community Affairs.

26         (k)  Review of the effectiveness of state pilot

27  projects such as the Sustainable Communities Program, Sector

28  Planning, and Small-Scale Amendments.

29         (l)  Citizen participation and challenges to

30  local-government comprehensive plans, plan amendments,

31  development orders, and land development regulations.

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    Florida Senate - 2000                            CS for SB 758
    316-1108-00




  1         (m)  State review and approval of local-government

  2  comprehensive plan amendments.

  3         (n)  The process of appealing development order and

  4  comprehensive plan amendment decisions, including the

  5  appropriate role of the Governor and Cabinet.

  6         (o)  Development of a growth management rural policy.

  7         (4)  At least six public hearings must be held by the

  8  commission in different regions of the state to solicit input

  9  from the public on how they want the state, regional agencies,

10  and their municipalities and counties to manage growth.

11         (5)  The commission shall, by February 1, 2001, provide

12  to the President of the Senate, the Speaker of the House of

13  Representatives, and the Governor a written report containing

14  specific recommendations, including legislative

15  recommendations, for improving the state's ability to better

16  manage Florida's growth in the Twenty-First Century.

17         (6)  Commission members, and the members of any

18  technical advisory committee that is appointed, shall not

19  receive remuneration for their services, but members other

20  than public officers and employees shall be entitled to be

21  reimbursed by the Department of Community Affairs for travel

22  or per diem expenses in accordance with chapter 112, Florida

23  Statutes. Public officers and employees shall be reimbursed by

24  their respective agencies in accordance with chapter 112,

25  Florida Statutes.

26         (7)  An executive director must be selected by the

27  Governor, subject to the approval of the commission. The

28  executive director serves at the pleasure of and reports to

29  the commission. The Department of Community Affairs shall

30  provide other staff and consultants after consultation with

31  the commission. Funding for these expenses will be provided

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    Florida Senate - 2000                            CS for SB 758
    316-1108-00




  1  through the Department of Community Affairs. The commission

  2  shall receive supplemental financial and other assistance from

  3  other agencies under the Governor's direct supervision and

  4  such additional assistance as is appropriate from the

  5  Executive Office of the Governor.

  6         (8)  All agencies under the control of the Governor are

  7  directed, and all other agencies are requested, to render

  8  assistance and cooperation to the commission.

  9         (9)  The commission shall continue in existence until

10  its objectives are achieved, but not later than February 1,

11  2001.

12         Section 2.  The sum of $250,000 is appropriated from

13  the General Revenue Fund to the Department of Community

14  Affairs' Division of Community Planning Grants and Donations

15  Trust Fund to implement the provisions of this act.

16         Section 3.  This act shall take effect upon becoming a

17  law.

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    Florida Senate - 2000                            CS for SB 758
    316-1108-00




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 758

  3

  4  Changes the name of the panel to study growth management
    issues from the Growth Management Advisory Committee to the
  5  Grow Smart Florida Study Commission.

  6  Increases the membership of the commission from 20 to 25
    members. Membership includes 10 members appointed by the
  7  Governor, 7 members appointed by the Senate President, 7
    members appointed by the Speaker of the House, and the
  8  Secretary of the Department of Community Affairs.

  9  Adds the Secretaries of Departments of Environmental
    Protection & Transportation and the Executive Director of the
10  Fish & Wildlife Conservation Commission as ex-officio
    nonvoting members of the commission.
11
    Creates five specific groupings of interests to be represented
12  in the appointments to the commission: business interests;
    environmental interests; community participants; local and
13  regional governments & growth management and planning
    consultants. The Governor selects two appointments from each
14  group and the Senate President and the Speaker of the House
    select one appointment from each group, in addition to
15  selecting two members from their respective membership.

16  Changes the chair of the commission from the Secretary of DCA
    to a chair elected by the membership of the commission.
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    Provides that action of the commission requires a two-thirds
18  vote of members present.

19  Expands the charge of the commission to include:
    identification of goals and desired outcomes of comprehensive
20  planning; identification of important state interests in the
    comprehensive plan; the development of a rural growth
21  management policy; and the relationship between comprehensive
    plans, annexations and joint planning agreements between
22  cities and counties.

23  Specifies that appointments to the commission must be made by
    July 1, 2000, and the first meeting held by August 1, 2000.
24
    Changes the due date of the final report from January 15, 2001
25  to February 1, 2001.

26  Requires the Governor, rather than the Secretary of DCA to
    select, subject to the approval of the commission, an
27  Executive Director.

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